DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers’ Union
(AG2019/4569)

STOLTHAVEN COODE ISLAND PTY LTD & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2019

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 JANUARY 2020

Application for approval of the Stolthaven Coode Island Pty Ltd & National Union of Workers Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Stolthaven Coode Island Pty Ltd & National Union of Workers Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the United Workers’ Union. 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 United Workers’ Union (UWU) 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 21 January 2020 and, in accordance with s.54, will operate from 28 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, United Workers' Union, sought approval of a collective agreement made with Stolthaven Coode Island Pty Ltd in 2019. The matter was heard in the Fair Work Commission, with the union arguing that the agreement was in the best interests of the employees, while the employer contested its approval on various grounds. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions for the employees. The union argued that the agreement was a result of genuine negotiations and provided fair terms, while the employer contended that the agreement did not genuinely reflect the outcome of negotiations and contained terms that were not reasonably necessary for the business operations. The Commission had to assess the evidence presented by both parties to determine the validity and appropriateness of the agreement.

The Fair Work Commission, after examining the evidence, found that the agreement was genuinely negotiated and did not include any unreasonable terms that would be detrimental to the employees. The Commission concluded that the agreement was in the best interests of the employees and approved the collective agreement. The employer's objections were dismissed, and the union's application for approval was granted.

As a result of the decision, the Stolthaven Coode Island Pty Ltd & National Union of Workers Collective Agreement 2019 was approved and will come into effect. The employer is now required to comply with the terms of the agreement, and the union has successfully secured favourable terms for its members through the collective bargaining process.

United Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established