Australian Amalgamated Terminals Pty Ltd T/A Australian Amalgamated Terminals (AAT) Summary

[2021] FWCA 6018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Amalgamated Terminals Pty Ltd T/A Australian Amalgamated Terminals (AAT)
(AG2021/7058)

AUSTRALIAN AMALGAMATED TERMINALS PTY LTD ENTERPRISE AGREEMENT 2021

Stevedoring industry
COMMISSIONER YILMAZ	MELBOURNE, 28 SEPTEMBER 2021

Application for approval of the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2021 (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 Ltd T/A Australian Amalgamated Terminals (AAT). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 5 October 2021. The nominal expiry date of the Agreement is 21 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Australian Amalgamated Terminals Pty Ltd, trading as Australian Amalgamated Terminals, which sought approval of their Enterprise Agreement 2021 from the Fair Work Commission. The nature of the dispute was whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly focusing on the provisions concerning minimum entitlements and the process of bargaining.

The legal issues before the court included whether the agreement complied with the mandatory minimum entitlements stipulated by the Fair Work Act, and whether the process through which the agreement was negotiated adhered to the legal requirements for good faith bargaining. The court also needed to determine if the agreement provided fair and reasonable terms for employees and if it was genuinely agreed upon by both parties.

In delivering its decision, the court examined the provisions of the agreement against the statutory minimum standards. It found that the agreement did indeed meet the minimum entitlements as required by law. The court also considered the process of negotiation and concluded that it was conducted in good faith, with evidence of genuine bargaining. The court was satisfied that the terms of the agreement were fair and reasonable and that it was genuinely agreed upon by both parties involved. The court approved the application for the agreement's registration, finding it to be compliant with all statutory requirements.

Australian Amalgamated Terminals Pty Ltd T/A Australian Amalgamated Terminals (AAT)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established