DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terminals Pty Ltd
(AG2016/865)

TERMINALS PTY LTD (GEELONG) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Oil and gas industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 11 MAY 2016

Application for approval of the Terminals Pty Ltd (Geelong) - National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Terminals Pty Ltd (Geelong) - National Union of Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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 Agreement is approved and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 31 May 2018.

[4] 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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Terminals Pty Ltd and the National Union of Workers, with the dispute centred on the approval of the Terminals Pty Ltd (Geelong) – National Union of Workers Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The central legal issues revolved around whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, whether it covered appropriate bargaining units, and if it complied with the provisions set out in the Act.

The Commission found that the agreement was made in good faith and was applicable to the correct bargaining units. It considered the provisions of the agreement and found that they did not breach any of the minimum standards stipulated under the Act. The Commission also examined the process through which the agreement was negotiated and concluded that it was conducted fairly and without coercion. Given these findings, the Commission approved the enterprise agreement.

The Commission's approval was based on the evidence presented that the agreement was negotiated in good faith, covered the appropriate bargaining units, and did not contravene any of the statutory minimum standards. The final orders included the approval of the Terminals Pty Ltd (Geelong) – National Union of Workers Enterprise Agreement 2015, effective from the date of the Commission's decision.

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