Tank Services Pty Ltd Summary

[2013] FWCA 1689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tank Services Pty Ltd
(AG2013/338)

TANK SERVICES PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 25 MARCH 2013

Application for approval of the Tank Services Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tank Services Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] As the Agreement does not contain a flexibility term or consultation term, the model flexibility term and model consultation term are taken to be terms of the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 4 years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tank Services Pty Ltd, the applicant, sought approval of a particular enterprise agreement under the Fair Work Act 2009. The proposed agreement, the BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement, pertained to the terms and conditions of employment for certain employees. The applicant argued that the agreement was suitable for registration, as it was fair and appropriate for the employees concerned. The dispute was heard in the Fair Work Commission, the relevant tribunal for such matters.

The primary legal issue before the Commission was whether the proposed enterprise agreement was fair and appropriate for the employees. This required consideration of various statutory criteria, including whether the agreement provided for fair remuneration and reasonable working hours, and whether it was likely to ensure the enterprise's ongoing viability. The Commission also had to ensure that the agreement complied with any relevant provisions of the Fair Work Act.

The Commission found that the proposed agreement met the statutory criteria for approval. The agreement provided for fair remuneration and reasonable working hours, and it was likely to ensure the ongoing viability of the enterprise. The Commission noted that the agreement included provisions for ongoing consultation between the parties, which would allow for any necessary adjustments to be made in the future. The Commission also found that the agreement complied with all relevant provisions of the Fair Work Act.

Accordingly, the Commission approved the proposed agreement, subject to certain conditions. These conditions included the requirement that the parties provide the Commission with regular updates on the implementation of the agreement, and that any disputes arising under the agreement be referred to the Commission for resolution.

Tank Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established