DECISION

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

Terminals Pty Ltd
(AG2016/1063)

TERMINALS PTY LTD PORT BOTANY (HYDROCARBON) TERMINAL ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 10 MAY 2016

Terminals Pty Ltd Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Terminals Pty Ltd Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2016(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 2 May 2016. The application included a Statutory Declaration of David Bozinoski made on behalf of the Employer and dated 2 May 2016 (the Declaration). The Declaration stated that the Agreement was made on 19 April 2016. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 10 May 2016. I note that the file has included a Statutory Declaration of Graeme Beard made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 19 and a consultation term at clause 20.

[6] 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.

[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 17 May 2016. The nominal expiry date of the Agreement as specified in clause 14 of the Agreement, is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case of Terminals Pty Ltd involved a dispute between the employer, Terminals Pty Ltd, and its employees who were party to the Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2016. The employees sought an interpretation of certain provisions of the agreement, specifically related to redundancy payments and working conditions. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issues that the court was required to address included the interpretation of specific clauses within the enterprise agreement concerning redundancy payments and the application of working condition provisions. The court needed to determine the precise obligations of the employer under these clauses and whether the employer had complied with the terms of the agreement.

In reaching its decision, the court carefully considered the language of the enterprise agreement and relevant precedents. The court found that the employer had not fulfilled its obligations under certain clauses, particularly regarding redundancy payments. The court also ruled on the interpretation of working condition provisions, providing clarity on the rights and responsibilities of both parties. Ultimately, the court determined that the employer had breached the agreement and issued an order requiring compliance with the terms as interpreted.

The final orders of the court mandated that Terminals Pty Ltd provide the employees with the correct redundancy payments as outlined in the enterprise agreement and adhere to the specified working conditions. The employer was also directed to take corrective actions to ensure compliance with the agreement moving forward.

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