Transport Workers’ Union of Australia Summary

[2013] FWCA 2400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2013/5158)

X-GAS ENTERPRISE AGREEMENT (VICTORIA) 2012

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 24 APRIL 2013

Application for approval of the X-Gas Enterprise Agreement (Victoria) 2012.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the X-Gas Enterprise Agreement (Victoria) 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Transport Workers’ Union of Australia. 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 Transport Workers’ Union of Australia, 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 is approved and, in accordance with s.54 of the Act, will operate from 1 May 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Transport Workers’ Union of Australia, the union sought approval of the X-Gas Enterprise Agreement (Victoria) 2012. The parties involved were the Transport Workers' Union of Australia, the X-Gas company, and the Fair Work Commission. The union sought the Commission’s approval for the agreement as a new modern award, under section 196 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the criteria for a new modern award and if it complied with the relevant provisions of the Act.

The Commission found that the agreement provided for the terms and conditions of employment for the employees of X-Gas. It was determined that the agreement met the criteria for a new modern award, as it contained provisions for wages, penalties, classification, and other employment terms. The Commission also considered whether the agreement complied with the provisions of the Fair Work Act, including whether it promoted high wages and high levels of job security. It was concluded that the agreement provided for minimum rates of pay and conditions that were at least equal to the applicable award. The agreement was deemed to be in the public interest and was approved as a new modern award.

The Fair Work Commission approved the X-Gas Enterprise Agreement (Victoria) 2012 as a new modern award under section 196 of the Fair Work Act 2009. The Commission found that the agreement met the criteria for a modern award and complied with the relevant provisions of the Act. The agreement was approved as it provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and conditions that were at least equal to the applicable award. The decision ensures that employees of X-Gas have a modern award that provides for their terms and conditions of employment.

Transport Workers’ Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established