DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ANS Southern Pty Ltd
(AG2019/3289)

ANS SOUTHERN PTY LTD ENTERPRISE AGREEMENT 2018

Stevedoring industry
COMMISSIONER JOHNS	SYDNEY, 16 SEPTEMBER 2019

Application for approval of the ANS Southern Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ANS Southern Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ANS Southern Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2019. The nominal expiry date of the Agreement is 19 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, ANS Southern Pty Ltd sought approval of an enterprise agreement entered into with its employees. The applicant, ANS Southern, is an employer engaged in the road transport industry, and the dispute centred on the terms and conditions of employment set out in the proposed agreement. The Commission was tasked with assessing whether the agreement complied with the applicable provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the Commission involved ensuring the agreement met the statutory criteria for approval, including that it provided for a minimum rate of pay, reasonable hours of work, and did not unfairly discriminate against any group of employees. The Commission also had to consider whether the agreement contained any terms that were contrary to public policy or not genuinely agreed upon by the parties. The applicant argued that the proposed agreement was fair and reasonable, meeting all necessary legal requirements.

Upon reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement complied with the statutory framework. The terms of the agreement provided for appropriate minimum rates of pay and reasonable working hours, and the Commission was satisfied that the agreement was genuinely negotiated and not discriminatory. The Commission approved the ANS Southern Pty Ltd Enterprise Agreement 2018, acknowledging the balanced approach taken by both parties in reaching the agreement.

The final orders of the Commission were that the ANS Southern Pty Ltd Enterprise Agreement 2018 be approved as a registered agreement, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable between the applicant and its employees.

ANS Southern Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established