Terminals Pty Ltd

[2016] FWCA 2888

[2016] FWCA 2888

FAIR WORK COMMISSION

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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