Terminals Pty Ltd

[2013] FWCA 7605

[2013] FWCA 7605

The attached document replaces the document previously issued with the above code on 1 October 2013.

There was an error with the paragraph numbering.

Christian Taylor

Relief Associate to COMMISSIONER JOHNS

Dated 1 October 2013

[2013] FWCA 7605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terminals Pty Ltd
(AG2013/9182)

TERMINALS PTY LTD OSBORNE (BULK LIQUID) TERMINAL AND NATIONAL UNION OF WORKERS AGREEMENT 2013

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 1 OCTOBER 2013

Application for approval of the Terminals Pty Ltd Osborne (Bulk Liquid) Terminal and National union of Workers Agreement 2013.

[1] On 4 September 2013 an application was made for approval of an enterprise agreement known as the Terminals Pty Ltd Osborne (Bulk Liquid) Terminal and National union of Workers Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Terminals Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached as Annexure A. The Fair Work Commission (the Commission) is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the Commission received correspondence from the National Union of Workers (NUW) indicating it has no objection to the undertaking.

[4] Subject to the undertaking referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The 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), I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 8 October 2013. The nominal expiry date of the Agreement is 13 January 2016.

COMMISSIONER

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<Price code G, AE404480  PR542688>

Annexure A