DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terminals Pty Ltd
(AG2019/1366)

TERMINALS PTY LTD PORT BOTANY (HYDROCARBON) TERMINAL ENTERPRISE AGREEMENT 2019

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 JUNE 2019

Application for approval of the Terminals Pty Ltd Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Terminals Pty Ltd Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 Australian Workers Unions Greater NSW Branch 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of the Terminals Pty Ltd Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2019. The application was made by Terminals Pty Ltd, and the dispute arose out of the proposed enterprise agreement which aimed to govern the employment conditions of workers at the Port Botany Hydrocarbon Terminal. The nature of the dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 for enterprise agreements to be approved by the FWC.

The central legal issue before the FWC was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the FWC needed to determine if the agreement was a genuine enterprise agreement, whether it had been made in good faith, and if it addressed the pay and conditions of the employees fairly and equitably. Additionally, the FWC examined whether the agreement met the minimum terms and conditions set out in the relevant modern awards.

The FWC concluded that the proposed enterprise agreement met all the necessary criteria for approval. The FWC found that the agreement was genuinely made by the employer and the relevant employee representatives, and that it had been negotiated in good faith. The FWC further determined that the agreement provided for fair and reasonable pay and conditions for the employees, and that it complied with the minimum terms and conditions of the relevant modern awards. The FWC approved the Terminals Pty Ltd Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2019, finding it to be a valid and compliant enterprise agreement under the Fair Work Act.

The FWC’s decision resulted in the formal approval of the Terminals Pty Ltd Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2019. The agreement was thereby legally binding on the employer and the employees, governing their employment conditions as per the terms negotiated and approved by the FWC.

Terminals Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established