DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Bulk Stevedoring Pty Ltd
(AG2020/896)

AUSTRALIAN BULK STEVEDORING ENTERPRISE AGREEMENT 2019

Stevedoring industry
COMMISSIONER JOHNS	SYDNEY, 8 APRIL 2020

Application for approval of the Australian Bulk Stevedoring Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Bulk Stevedoring Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Australian Bulk Stevedoring Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Maritime division of the Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2020. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Bulk Stevedoring Pty Ltd applied for approval of the Australian Bulk Stevedoring Enterprise Agreement 2019. The application was heard in the Fair Work Commission, with the parties being Australian Bulk Stevedoring Pty Ltd and the Maritime Union of Australia. The dispute centred around the approval of the enterprise agreement, which aimed to regulate the terms and conditions of employment for the stevedoring workforce. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address were whether the agreement was a genuine enterprise agreement, whether it contained the necessary provisions regarding minimum entitlements, and whether it was made in accordance with the procedural requirements set out in the Fair Work Act. The Commission also needed to consider if the agreement was in the best interests of the employees and whether it complied with the Good Faith Bargaining obligations under the Act. The central question was whether the agreement should be approved as a certified agreement.

The Commission found that the agreement was a genuine enterprise agreement made in accordance with the Act. It contained all the necessary provisions regarding minimum entitlements and complied with the procedural requirements. The Commission determined that the agreement was in the best interests of the employees and that it was made in good faith. Consequently, the Commission approved the Australian Bulk Stevedoring Enterprise Agreement 2019 as a certified agreement. The decision was made in the interest of achieving a fair and efficient resolution of the dispute while balancing the rights and interests of both the employer and the employees.

Australian Bulk Stevedoring 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