DECISION

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

Terminals Pty Ltd
(AG2016/4171)

TERMINALS PTY LTD OSBORNE (BULK LIQUID) TERMINAL AND NATIONAL UNION OF WORKERS AGREEMENT 2016

Oil and gas industry
COMMISSIONER HAMPTON	ADELAIDE, 12 AUGUST 2016

Application for approval of the Terminals Pty Ltd Osborne (Bulk Liquid) Terminal and National Union of Workers Agreement 2016.

[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 2016 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) 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 19 August 2016. The nominal expiry date of the Agreement is 13 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

Terminals Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement, which was entered into between the company and the National Union of Workers. The company operated a terminal for the storage and handling of bulk liquid cargo. The dispute involved the terms and conditions of employment of the workers represented by the union. The Fair Work Commission was the court responsible for hearing and deciding on the application for approval.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions regarding the disclosure of information, the coverage of the agreement, and the manner in which it was entered into. The union argued that the agreement did not properly reflect the bargaining positions of the parties and that the process by which it was negotiated and finalised was flawed. The company, on the other hand, maintained that the agreement was the product of genuine and meaningful negotiations and that it met all legal requirements for approval.

The Commission considered the evidence presented by both parties and examined the agreement in detail. It found that while there were some procedural irregularities in the negotiation process, these did not invalidate the agreement as a whole. The Commission also determined that the agreement contained all the mandatory terms required by the Act and that it was in the best interests of the employees. Based on this, the Commission approved the agreement and ordered that it be registered.

The final orders of the Commission included the approval and registration of the Terminals Pty Ltd Osborne (Bulk Liquid) Terminal and National Union of Workers Agreement 2016. The agreement was to be binding on all employees covered by it and the company was directed to take all necessary steps to give effect to its terms. The union and the company were also directed to take steps to ensure that the agreement was brought to the attention of all affected employees.

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