Australian Bulk Stevedoring Ltd

[2024] FWCA 1701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Bulk Stevedoring Ltd

(AG2024/1289)

AUSTRALIAN BULK STEVEDORING ENTERPRISE AGREEMENT 2022

Stevedoring industry
COMMISSIONER WILSON	MELBOURNE, 9 MAY 2024

Application for approval of the Australian Bulk Stevedoring Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Australian Bulk Stevedoring Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Bulk Stevedoring Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2024. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Bulk Stevedoring Ltd, sought approval for the Australian Bulk Stevedoring Enterprise Agreement 2022. The dispute arose as a result of disagreements between the applicant and the unions representing the stevedores, which led to industrial action. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal. The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was a "better off overall test" agreement, whether it complied with the "good faith" obligations, and whether it met the "genuine agreement" requirements.

The Commission considered the evidence presented by both parties and examined the proposed agreement in detail. It found that the agreement met the "better off overall test" as it provided for a significant increase in wages and other benefits for the stevedores, while also providing for productivity improvements and other measures that would benefit the company. The Commission also found that the agreement was made in good faith and that it represented a genuine agreement between the parties. The Commission was satisfied that the proposed agreement was fair and reasonable, and approved it accordingly.

The approval of the Australian Bulk Stevedoring Enterprise Agreement 2022 is significant as it provides for a resolution to the industrial dispute and ensures that the stevedores receive a fair and reasonable agreement. The approval also provides certainty for the company and its employees, as well as for the broader community, as it ensures that the bulk handling industry can operate efficiently and effectively. The decision of the Commission is a positive outcome for all parties involved and demonstrates the effectiveness of the industrial relations system in resolving disputes and reaching fair and reasonable outcomes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established