Vopak Terminals Sydney Pty Ltd T/A Vopak

[2023] FWCA 244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vopak Terminals Sydney Pty Ltd T/A Vopak

(AG2022/5600)

VOPAK TERMINALS SYDNEY PTY LIMITED ENTERPRISE AGREEMENT 2022

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 JANUARY 2023

Application for approval of the Vopak Terminals Sydney Pty Limited Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Vopak Terminals Sydney Pty Limited Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 January 2023. The nominal expiry date of the Agreement is 23 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vopak Terminals Sydney Pty Ltd T/A Vopak was the applicant in the Fair Work Commission seeking approval of a new enterprise agreement. The applicant argued that the agreement was appropriate for the workforce and met the requirements of the Fair Work Act 2009. The application was opposed by the Maritime Union of Australia (MUA), the Transport Workers Union (TWU), and a number of individual employees.

The central legal issue before the Commission was whether the proposed agreement satisfied the criteria for approval under section 232 of the Fair Work Act 2009. This involved assessing whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it was free from coercion, harassment, and undue influence. The Commission also had to determine if the agreement provided for procedural fairness and protection against discrimination.

The Fair Work Commission approved the application, finding that the agreement met the legislative requirements for approval. The Commission was satisfied that the agreement provided for the fair and efficient determination of terms and conditions, and that it was free from coercion, harassment, and undue influence. The Commission also found that the agreement provided for procedural fairness and protection against discrimination, and that the agreement was in the best interests of the employees. The opposition from the unions and individual employees was not sufficient to prevent the agreement from being approved.

The Fair Work Commission approved the Vopak Terminals Sydney Pty Ltd T/A Vopak Enterprise Agreement 2022. The Commission found that the agreement was fair and efficient, free from coercion, harassment, and undue influence, and provided for procedural fairness and protection against discrimination. The opposition from the unions and individual employees was not sufficient to prevent the agreement from being approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established