DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terminals Pty Ltd T/A Terminals
(AG2016/1771)

TERMINALS PTY LTD & NATIONAL UNION OF WORKERS COODE ISLAND ENTERPRISE AGREEMENT 2015

Oil and gas industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 29 JULY 2016

Application for approval of the Terminals Pty Ltd & National Union of Workers Coode Island Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Terminals Pty Ltd & National Union of Workers Coode Island 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 APT Management Services Pty Ltd T/A APT group. 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. 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.

[3] The National Union of Workers (NUW) 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.

[4] The Agreement was approved on 29 July 2016 and, in accordance with s.54, will operate from 5 August 2016. The nominal expiry date of the Agreement is 14 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Terminals Pty Ltd, trading as Terminals, sought approval of an enterprise agreement with the National Union of Workers. The matter was heard in the Fair Work Commission, where the key issue was whether the agreement complied with the requirements of the Fair Work Act 2009. The union argued that the agreement was fair and reasonable, while Terminals contended that certain provisions were unjust and not genuinely bargained.

The commission considered whether the agreement met the statutory criteria, including if it provided for a minimum wage rate, reasonable working hours, and adequate provisions for termination and redundancy. The commission noted the parties had engaged in genuine bargaining and that the agreement contained standard terms and conditions that were fair and reasonable. The commission also found that the agreement was not overly punitive and provided for fair dispute resolution mechanisms.

In reaching its decision, the commission emphasised the importance of genuine bargaining and the need for enterprise agreements to reflect a balance between the interests of employers and employees. The commission found that the agreement met the statutory requirements and was fair and reasonable in all its terms. Consequently, the commission approved the Terminals Pty Ltd & National Union of Workers Coode Island Enterprise Agreement 2015.

Terminals Pty Ltd T/A Terminals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established