DECISION

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

Terminals Pty Ltd T/A Quantem
(AG2020/3096)

QUANTEM BULK LIQUID STORAGE AND HANDLING (COODE ISLAND) ENTERPRISE AGREEMENT 2020

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the Quantem Bulk Liquid Storage and Handling (Coode Island) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Quantem Bulk Liquid Storage and Handling (Coode Island) Enterprise Agreement 2020 (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 T/A Quantem. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union, 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.

[5] I observe that clause 26 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 23 November 2020 and, in accordance with s.54, will operate from 30 November 2020. The nominal expiry date of the Agreement is 23 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Terminals Pty Ltd T/A Quantem brought an application to the Fair Work Commission for approval of the Quantem Bulk Liquid Storage and Handling (Coode Island) Enterprise Agreement 2020. The respondent, Maritime Officers' Union of Australia, objected to the application, arguing that the agreement did not meet certain criteria under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for the appropriate minimum terms and whether it was consistent with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement did provide for the appropriate minimum terms and was consistent with the relevant legislation. It was noted that the agreement contained provisions for minimum rates of pay, maximum hours of work, and other conditions that were not less favourable than the relevant awards and the National Employment Standards. The Commission also found that the agreement was consistent with the requirements of the Fair Work (Registered Organisations) Act 2009, as it provided for the appropriate representation of employees and the resolution of workplace disputes. The Commission approved the agreement, finding that it met the necessary criteria under the Act.

In making its decision, the Commission considered the evidence and submissions provided by both parties. It also took into account the relevant legislation and relevant case law. The Commission found that the agreement was fair and reasonable, and that it provided for the appropriate minimum terms and conditions of employment. The Commission also found that the agreement was consistent with the relevant legislation and that it was in the best interests of the employees and employers involved. The Commission approved the Quantem Bulk Liquid Storage and Handling (Coode Island) Enterprise Agreement 2020, subject to certain conditions and modifications.

Terminals Pty Ltd T/A Quantem

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established