Terminals Pty Ltd

[2019] FWCA 8103

[2019] FWCA 8103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Terminals Pty Ltd
(AG2019/4263)

TERMINALS PTY LTD OSBORNE (BULK LIQUID) TERMINAL AND NATIONAL UNION OF WORKERS AGREEMENT 2018

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 29 NOVEMBER 2019

Application for variation of the Terminals Pty Ltd Osborne (Bulk Liquid) Terminal and National Union of Workers Agreement 2018.

[1] An application has been made for approval of a variation to the Terminals Pty Ltd Osborne (Bulk Liquid) Terminal and National Union of Workers Agreement 2018 (the Agreement). The application was made by Terminals Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] I note that clause 15.5 of the Agreement does not provide notice of termination to apprentices, however, as a result of the National Employment Standards (NES) precedence clause contained in the Agreement, this provision will be overridden by the NES.

[7] In accordance with s.216 of the Act, the variation operates from 29 November 2019.

COMMISSIONER

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