Teekay Shipping (Australia) Pty Ltd

[2014] FWCA 8434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bulk Materials Australia Pty Ltd T/A SCE Recycling
(AG2014/9593)

BULK MATERIALS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 26 NOVEMBER 2014

Application for approval of the Bulk Materials Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bulk Materials Australia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking concerning clause 4.7 (Superannuation) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 3 December 2014. The nominal expiry date of the Agreement is 3 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Price code G, AE411361 PR558193

Annexure A

CaseChat Overview and Summary

Teekay Shipping (Australia) Pty Ltd recently came before the Fair Work Commission in a case concerning the approval of the Bulk Materials Australia Pty Ltd Enterprise Agreement 2014. The applicant, Teekay Shipping, sought the commission's approval for the proposed agreement, which was intended to regulate employment terms and conditions for employees of Bulk Materials Australia, a subsidiary of Teekay. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed enterprise agreement contained all the mandated terms and conditions as outlined by the Fair Work Act. This included examining whether the agreement complied with the "better-off-overall test" and whether it was free from any invalid provisions. The commission also needed to assess whether the agreement had been genuinely negotiated and if it contained necessary information disclosures and protections for employees.

In its reasoning, the commission noted that the agreement did indeed meet all statutory requirements. The agreement was found to be genuinely negotiated and contained all the mandated terms and conditions as prescribed by the Fair Work Act. Furthermore, it was determined that the agreement passed the better-off-overall test, meaning that employees would be better off with the new agreement compared to their previous conditions. The commission was satisfied that the agreement was free from invalid provisions and included all necessary information disclosures and protections for employees. Consequently, the commission approved the Bulk Materials Australia Pty Ltd Enterprise Agreement 2014, confirming its compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established