DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACFS Port Logistics Pty Limited
(AG2018/2199)

TWU-ACFS PORT LOGISTICS PTY LIMITED FAIR WORK AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 SEPTEMBER 2018

Application for approval of the TWU-ACFS Port Logistics Pty Limited Fair Work Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TWU-ACFS Port Logistics Pty Limited Fair Work Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACFS Port Logistics Pty Limited. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 September 2018 and, in accordance with s.54, will operate from 24 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved ACFS Port Logistics Pty Limited, seeking approval of a proposed enterprise agreement. The Transport Workers Union, representing the employees, contested the terms. The court was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for appropriate minimum terms, if it contained provisions that were contrary to public policy, and whether it had been negotiated in good faith. The court examined the negotiation process, the content of the agreement, and its compliance with statutory requirements.

In its decision, the court found that the agreement was appropriately negotiated and contained necessary minimum terms. It concluded that the agreement did not contravene any public policy and was made in good faith. The court approved the agreement, emphasising the importance of balancing the interests of both the employer and the employees.

The court's approval of the agreement is now effective, providing a framework for the terms and conditions of employment within ACFS Port Logistics Pty Limited.

ACFS Port Logistics Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established