Terminals Pty Ltd

[2022] FWCA 1497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Terminals Pty Ltd

(AG2022/1170)

Terminals Pty Ltd t/as Quantem Bulk Liquid Storage and Handling Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2022

Oil and gas industry
DEPUTY PRESIDENT BELL	MELBOURNE, 5 MAY 2022

Application for approval of the Terminals Pty Ltd t/as Quantem Bulk Liquid Storage and Handling Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Terminals Pty Ltd t/as Quantem Bulk Liquid Storage and Handling Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Terminals Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ Union (AWU) 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.

The Agreement was approved on 5 May 2022 and, in accordance with s.54, will operate from 12 May 2022. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Terminals Pty Ltd, trading as Quantem Bulk Liquid Storage and Handling Port Botany, sought approval of the Hydrocarbon Terminal Enterprise Agreement 2022, which was to govern the employment terms of its employees. The application was made in the Fair Work Commission. The dispute centred around whether the proposed agreement complied with the relevant federal legislation, specifically the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondents contended that it did not meet the necessary standards for approval.

The court needed to determine whether the proposed enterprise agreement was fair and reasonable, taking into account various factors including the provisions of the Fair Work Act 2009. This required an analysis of the agreement's impact on the employees, its procedural fairness, and whether it contained the minimum terms and conditions as prescribed by the Act. The court had to ensure that the agreement was not only legally compliant but also substantively fair to both the employer and employees.

Upon reviewing the evidence and submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement met the statutory requirements. The agreement contained the minimum terms and conditions, was procedurally fair, and was reasonable in its substance. The Commission concluded that the agreement was fair and reasonable and approved it accordingly. The Commission did not make any orders that would alter the terms of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established