Terminals Pty Ltd

[2014] FWCA 4683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terminals Pty Ltd
(AG2014/6739)

TERMINALS PTY LTD & NATIONAL UNION OF WORKERS COODE ISLAND ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CRIBB	MELBOURNE, 14 JULY 2014

Application for approval of the Terminals Pty Ltd & National Union of Workers Coode Island Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Terminals Pty Ltd & National Union of Workers Coode Island Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Terminals Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers (NUW) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 14 July 2014 and, in accordance with s.54 of the Act, will operate from 21 July 2014. The nominal expiry date of the Agreement is 14 November 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Terminals Pty Ltd, the Fair Work Commission was tasked with considering the application for approval of the Terminals Pty Ltd & National Union of Workers Coode Island Enterprise Agreement 2014. The dispute arose between Terminals Pty Ltd, the employer, and the National Union of Workers, representing the employees, concerning the terms and conditions of employment outlined in the proposed enterprise agreement. The primary issue before the Commission was whether the agreement met the statutory criteria for approval, including its alignment with the Fair Work Act 2009, fairness to all parties, and overall compliance with the requirements for a certified agreement.

The Commission carefully examined the provisions of the enterprise agreement, focusing on aspects such as wages, working conditions, dispute resolution mechanisms, and procedural fairness. The legal issues included whether the agreement provided adequate protections and benefits for the employees, whether it unfairly disadvantaged any party, and whether the bargaining process adhered to the principles of good faith and procedural fairness. The Commission also considered the broader implications of the agreement on the industrial relations landscape and the potential impact on the workforce.

In reaching its decision, the Commission highlighted that the agreement satisfied the criteria for approval under the Fair Work Act. It found that the agreement provided for fair and reasonable terms and conditions, ensuring that employees were adequately compensated and protected. The Commission also noted that the bargaining process had been conducted in good faith, with both parties demonstrating a commitment to reaching a mutually beneficial outcome. Consequently, the Commission approved the Terminals Pty Ltd & National Union of Workers Coode Island Enterprise Agreement 2014, recognising its compliance with the statutory requirements and its potential to foster a productive and harmonious workplace. The decision underscored the importance of fair and balanced enterprise agreements in maintaining good industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established