Terminals Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Terminals Pty Ltd, the operator of a bulk liquid terminal in Osborne, sought approval of an agreement with the National Union of Workers, which was intended to govern the employment conditions of workers at the terminal. The application was brought before the Fair Work Commission, which is responsible for resolving workplace disputes under the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Act and, in particular, whether it provided for the appropriate balance between the interests of employers and employees.

The Commission examined the agreement to determine if it met the standards set out in the Fair Work Act. It considered whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Commission also assessed whether the agreement appropriately balanced the interests of employers and employees, particularly in relation to the provision of redundancy payments and other benefits. After careful consideration of the evidence and arguments presented by both parties, the Commission concluded that the agreement was compliant with the Act and appropriately balanced the interests of both employers and employees.

Consequently, the Commission approved the agreement, allowing it to be registered and enforced as a legally binding document. The Commission's decision recognised the importance of reaching fair and reasonable agreements between employers and employees to ensure harmonious workplace relations and the protection of the rights of both parties. The approval of the agreement provided certainty and stability to the employment conditions of workers at the terminal, and facilitated the efficient operation of the terminal.

Terminals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established