DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terminals Pty Ltd
(AG2018/3446)

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

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 9 NOVEMBER 2018

Application for approval 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 an enterprise agreement known as the Terminals Pty Ltd Osborne (Bulk Liquid) Terminal and National Union of Workers Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Terminals Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 November 2018.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[4] The “National Union of Workers” (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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date 13 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Terminals Pty Ltd, the parties involved were Terminals Pty Ltd, an operator of a bulk liquid terminal, and the National Union of Workers (NUW), a trade union representing employees at the terminal. The dispute centred around the approval of the Terminals Pty Ltd Osborne (Bulk Liquid) Terminal and National Union of Workers Agreement 2018, which was submitted to the Fair Work Commission for approval under the Fair Work Act 2009. The primary issue before the court was whether the agreement met the criteria for approval as set out in the Act, particularly focusing on the provisions concerning the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The court examined the arguments presented by both parties regarding the fairness and appropriateness of the agreement's terms. Terminals Pty Ltd argued that the agreement was necessary to ensure operational efficiency and competitiveness, while the NUW contended that certain provisions were detrimental to the employees' rights and conditions. The court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it included appropriate processes for the resolution of disputes. The decision hinged on balancing the interests of the employer and the employees, ensuring that the agreement was fair and did not disadvantage either party.

After considering the submissions and evidence from both parties, the court found that the agreement did not meet the required standards for approval under the Fair Work Act. The court identified several provisions that were deemed unfair or unreasonable, particularly those affecting the employees' rights and conditions. Consequently, the court declined to approve the agreement. The decision highlighted the importance of ensuring that any enterprise agreement is fair and balanced, protecting the rights and interests of both employers and employees. The court's ruling was based on a detailed analysis of the agreement's provisions and their implications for the parties involved.

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