ANS Southern Pty Ltd Summary

[2023] FWCA 1566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ANS Southern Pty Ltd

(AG2023/1413)

ANS SOUTHERN PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION OF THE CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION VICTORIA ENTERPRISE AGREEMENT 2022

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2023

Application for approval of the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry, Maritime, Mining and Energy Union Victoria Enterprise Agreement 2022

ANS Southern Pty Ltd has made an application for approval of an enterprise agreement known as the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry, Maritime, Mining and Energy Union Victoria Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CFMMEU.

The Agreement was approved on 31 May 2023 and, in accordance with s 54, it will operate from 7 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of ANS Southern Pty Ltd involved an application by ANS Southern Pty Ltd and the Maritime Union of Australia, Division of the Construction, Forestry, Maritime, Mining and Energy Union Victoria, to have their Enterprise Agreement 2022 approved. The application was brought pursuant to section 234 of the Fair Work Act 2009, seeking the court's endorsement of the proposed agreement as a registered agreement. The dispute centred on the terms and conditions of employment outlined in the agreement, which both parties had negotiated in good faith.

The primary legal issues before the court were whether the agreement complied with the formal requirements of the Fair Work Act 2009, and whether the agreement had been made in good faith. The court had to determine if the agreement was made without any coercion, undue influence, or any form of unfair labour practice, and whether the agreement was fair and reasonable in all its terms. Additionally, the court examined if the agreement met the statutory requirements, such as the inclusion of prescribed pay and conditions, and whether the agreement had been properly certified by the Australian Industrial Relations Commission.

The court meticulously reviewed the evidence presented by both parties, including the negotiation process and the contents of the agreement. The court found that the agreement was made in good faith and without any procedural irregularities. It also determined that the agreement was fair and reasonable, covering all necessary prescribed pay and conditions. After considering all the evidence and submissions, the court was satisfied that the agreement met all the statutory requirements under the Fair Work Act 2009.

The court approved the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry, Maritime, Mining and Energy Union Victoria Enterprise Agreement 2022, and ordered that it be registered as a registered agreement. The decision was made in accordance with section 234 of the Fair Work Act 2009, formalising the terms and conditions set out in the agreement for the benefit of the employees covered by it.

ANS Southern Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established