DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Amalgamated Terminals Pty Limited
(AG2017/4452)

AUSTRALIAN AMALGAMATED TERMINALS PTY LTD ENTERPRISE AGREEMENT 2017

Stevedoring industry
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2018

Application for approval of the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Amalgamated Terminals Pty Ltd Enterprise 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 Australian Amalgamated Terminals Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2018. The nominal expiry date of the Agreement is 21 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Australian Amalgamated Terminals Pty Limited (AAT), an employer, and Maritime Union of Australia, representing its employees. The dispute centred on the approval of the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2017. The employees sought approval of the agreement, which they argued was fair and reasonable in terms of its provisions and compliance with the Fair Work Act 2009. The employer, on the other hand, contested certain aspects of the agreement, claiming that some provisions were not fair and reasonable and that the agreement did not comply with the requirements of the Act.

The primary legal issues before the Commission were whether the provisions of the Enterprise Agreement were fair and reasonable, and whether the agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the 'better off overall test', ensuring that employees were no worse off financially and, in most cases, better off overall. Additionally, the Commission examined whether the agreement was made in accordance with the requirements of the Act, including whether there was genuine bargaining and if the agreement covered all the terms and conditions of employment.

In delivering its decision, the Fair Work Commission carefully considered the evidence and submissions from both parties. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved conditions, and better job security. While acknowledging some concerns raised by the employer, the Commission found that the overall benefits of the agreement outweighed any disadvantages. The Commission also determined that the agreement was made in accordance with the requirements of the Fair Work Act, including that there was genuine bargaining and that the agreement covered all the terms and conditions of employment.

The Fair Work Commission approved the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2017, finding that it met the requirements of the Fair Work Act and was fair and reasonable. The Commission's decision confirmed the validity of the agreement, providing certainty and stability for both the employer and employees in their ongoing relationship.

Australian Amalgamated Terminals 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