Australian Amalgamated Terminals Pty Ltd Summary

[2013] FWCA 3750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Amalgamated Terminals Pty Ltd
(AG2013/1280)

AUSTRALIAN AMALGAMATED TERMINALS PTY LTD ENTERPRISE AGREEMENT 2013

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 12 JUNE 2013

Application for approval of the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2013 (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. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2013. The nominal expiry date of the Agreement is 21 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Amalgamated Terminals Pty Ltd sought approval of the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for the employees of the company, focusing on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly in terms of its coverage, the process through which it was negotiated, and its conformity with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to determine if the agreement provided for the employees' fair remuneration and working conditions, and if it adhered to the provisions for procedural fairness during the negotiation process.

The Commission found that the enterprise agreement did meet the statutory requirements. It was negotiated in good faith and provided for the employees' fair remuneration and working conditions. The process of negotiation was deemed to be fair and did not contravene any provisions of the Fair Work Act or the Fair Work (Registered Organisations) Act 2009. The Commission approved the Australian Amalgamated Terminals Pty Ltd Enterprise Agreement 2013, finding that it was a genuine enterprise agreement that was made in accordance with the requirements of the Act.

The Commission's decision was rendered on 21 November 2013, approving the enterprise agreement in its entirety. This decision provided clarity for both the employer and the employees, ensuring that the terms of the agreement would be legally binding and enforceable.

Australian Amalgamated Terminals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established