Terminals Pty Ltd Summary

[2013] FWCA 6030

FAIR WORK COMMISSION

DECISION

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

Terminals Pty Ltd
(AG2013/8485)

TERMINALS PORT BOTANY BULK LIQUID ENTERPRISE AGREEMENT 2013-2016

Oil and gas industry
VICE PRESIDENT WATSON	SYDNEY, 22 AUGUST 2013

Application for approval of the Terminals Port Botany Bulk Liquid Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Terminals Port Botany Bulk Liquid Enterprise Agreement 2013-2016 (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, 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 the organisation.

[4] The Agreement was approved on 22 August 2013 and, in accordance with s.54, will operate from 29 August 2013. The nominal expiry date of the Agreement is 30 August 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Terminals Pty Ltd, who brought an application to the Fair Work Commission (FWC) for the approval of the Terminals Port Botany Bulk Liquid Enterprise Agreement 2013-2016. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The FWC was required to determine if the agreement complied with the procedural and substantive requirements set out in the Act, including whether it was fairly negotiated and met the public interest test.

The primary legal issues before the FWC were whether the agreement was appropriately negotiated and whether it satisfied the provisions of the Fair Work Act. Specifically, the FWC had to assess if the agreement was made in good faith and whether it included all the mandatory terms as required by the Act. Additionally, the FWC needed to consider whether the agreement would have an adverse effect on the broader public interest.

The FWC examined the evidence presented regarding the negotiation process and found that the agreement was indeed fairly negotiated. The FWC concluded that the agreement contained all necessary mandatory terms and did not negatively impact the public interest. The commission held that the agreement met all legal requirements and was therefore approved.

The Fair Work Commission approved the Terminals Port Botany Bulk Liquid Enterprise Agreement 2013-2016, finding that it complied with all procedural and substantive requirements under the Fair Work Act. The agreement was deemed to have been fairly negotiated and did not adversely affect the public interest.

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