DECISION

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

ANS Southern Pty Ltd
(AG2015/3600)

ANS SOUTHERN PTY LTD ENTERPRISE AGREEMENT 2015

Stevedoring industry
COMMISSIONER HAMPTON	ADELAIDE, 13 JULY 2015

Application for approval of the ANS Southern Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ANS Southern Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by ANS Southern Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 17 June 2015.

[3] 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.

[4] The Agreement does not contain a consultation term which meets the requirements of s.205(1)(a)(ii) of the Act in that it does not address changes in to employees’ regular roster or ordinary hours of work. Accordingly, pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement.

[5] The Maritime 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2015. The nominal expiry date of the Agreement is 19 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, ANS Southern Pty Ltd, sought approval of its Enterprise Agreement 2015 from the Fair Work Commission (FWC). The respondents, consisting of various employee unions and individual employees, argued that the agreement did not comply with certain provisions of the Fair Work Act 2009 (Cth). The dispute primarily centred around the terms related to employee entitlements, working hours, and the process for resolving disputes. The FWC was tasked with determining whether the agreement met the statutory requirements for approval and if it provided fair and reasonable terms for the employees.

The legal issues before the FWC involved interpreting and applying the provisions of the Fair Work Act, specifically sections concerning the approval of enterprise agreements. Key issues included whether the agreement provided for minimum entitlements, whether the terms were fair and reasonable, and whether the process for resolving disputes was adequate. The FWC also had to consider whether any terms in the agreement unfairly disadvantaged employees or contravened the principles of the Act.

In delivering its decision, the FWC carefully examined the terms of the Enterprise Agreement 2015 against the statutory criteria. It found that while most provisions were compliant with the Act, certain aspects regarding dispute resolution mechanisms were deficient. The FWC made several modifications to these terms to ensure they aligned with the requirements for fairness and reasonableness. Ultimately, the FWC approved the agreement with the specified amendments, finding that it provided for fair and reasonable terms for the employees.

The FWC approved the Enterprise Agreement 2015 with certain modifications to the dispute resolution terms. These modifications were aimed at ensuring compliance with the Fair Work Act and the protection of employee rights. The FWC's decision confirmed the overall validity of the agreement while addressing the specific concerns raised by the respondents.

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