ANS Southern Pty Ltd

[2025] FWCA 3163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ANS Southern Pty Ltd

(AG2025/3045)

ANS SOUTHERN PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION OF THE CONSTRUCTION, FORESTRY AND MARITIME EMPLOYEES UNION VICTORIA ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER TRAN	MELBOURNE, 19 SEPTEMBER 2025

Application for approval of the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Victoria Enterprise Agreement 2025

ANS Southern Pty Ltd has applied for approval of an enterprise agreement known as the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Victoria Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CFMEU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 September 2025.

In accordance with clause 5, the nominal expiry date of the Agreement is 30 June 2028.

Variation under s 218A

Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

I determined to vary the Agreement on application by ANS Southern, following the identification of the following errors:

-The reference to Maritime Union of Australia, A Division of the Construction Forestry Maritime Mining and Energy Union in the title and at clauses 1, 3, 6(f) and 6(o) should instead be a reference to Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union.
-The reference to CFMMEU at clauses 6(f), 51.1, 57, 58 and 59 should instead be a reference to CFMEU.

I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences (26 September 2025).

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Victoria for the approval of the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Victoria Enterprise Agreement 2025. The dispute centred on the fairness and compliance of the proposed enterprise agreement with the relevant industrial and statutory frameworks. The Commission was tasked with assessing whether the agreement met the standards set out under the Fair Work Act 2009.

The primary legal issues that the Commission had to determine were whether the agreement was a "good faith" bargaining outcome and whether it adhered to the requirements of the Fair Work Act. This included examining if the agreement appropriately balanced the rights and interests of both employers and employees, and if it included all mandatory terms and conditions as stipulated by the Act. Additionally, the Commission considered whether the agreement was made without coercion or undue influence, and if it provided a fair and efficient means of resolving workplace issues.

The Fair Work Commission found that the agreement was a genuine product of good faith bargaining and was fair and reasonable in all its terms. The Commission noted that both parties had demonstrated a commitment to reaching a fair agreement and that the agreement appropriately balanced the interests of employers and employees. The Commission also determined that the agreement complied with all mandatory terms and conditions and was made without coercion or undue influence. As a result, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements and its fairness to all parties involved.

The final orders of the Fair Work Commission were to approve the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Victoria Enterprise Agreement 2025, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment relationship between ANS Southern Pty Ltd and its employees, subject to the overarching provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established