Vopak Terminals Sydney Pty Ltd Summary

[2014] FWCA 6458

FAIR WORK COMMISSION

DECISION

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

Vopak Terminals Sydney Pty Ltd
(AG2014/7414)

VOPAK TERMINALS SYDNEY PTY LTD ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 15 SEPTEMBER 2014

Application for approval of the Vopak Terminals Sydney Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Vopak Terminals Sydney Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vopak Terminals Sydney Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2014. The nominal expiry date of the Agreement is 14 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the Vopak Terminals Sydney Pty Ltd Enterprise Agreement 2014. The applicant, Vopak Terminals Sydney Pty Ltd, sought the approval of the agreement, which was made between the company and its employees represented by the Maritime Union of Australia. The agreement sought to regulate employment conditions for employees covered by the agreement.

The legal issues before the FWC included whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for the proper operation of the enterprise, whether it was free from coercion and undue influence, and whether it dealt with the matters it was intended to cover. Additionally, the FWC had to consider whether the agreement provided for proper protections for employees, including minimum rates of pay, leave entitlements, and other conditions of employment.

The FWC found that the agreement met the requirements for approval. It found that the agreement was made in good faith and without coercion or undue influence, and that it provided for the proper operation of the enterprise. The FWC also found that the agreement provided for proper protections for employees, including minimum rates of pay, leave entitlements, and other conditions of employment. The FWC approved the agreement, subject to certain minor modifications.

The FWC made an order approving the Vopak Terminals Sydney Pty Ltd Enterprise Agreement 2014, subject to certain modifications. The modifications included changes to the agreement's provisions on shift differentials and penalties for unauthorised absences. The FWC also made an order that the agreement would be registered with the Fair Work Commission Register of Industrial Agreements.

Vopak Terminals Sydney Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established