Australian Port Services (NSW) Pty Ltd Summary

[2013] FWCA 3403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Australian Port Services (NSW) Pty Ltd
(AG2013/6261)

AUSPORT MARINE PTY LIMITED AND MUA NEWCASTLE LINES AND MOORING ENTERPRISE AGREEMENT 2012

Maritime industry
VICE PRESIDENT WATSON	MELBOURNE, 30 MAY 2013

Application for approval of the Ausport Marine Pty Limited and MUA Newcastle Lines and Mooring EBA 2012.

[1] An application has been made for approval of an enterprise agreement known as the Ausport Marine Pty Limited and MUA Newcastle Lines and Mooring EBA 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. It has been made by Ausport Marine Pty Limited and the Maritime Union of Australia (MUA).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the MUA is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 6 June 2013. The nominal expiry date of the Agreement is 1 March 2014.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Australian Port Services (NSW) Pty Ltd, the Australian Industrial Relations Commission was presented with an application for the approval of the Ausport Marine Pty Limited and MUA Newcastle Lines and Mooring EBA 2012. The application was brought before the commission by Australian Port Services (NSW) Pty Ltd, which sought to have the enterprise bargaining agreement (EBA) approved. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues for the commission to consider were whether the EBA contained the minimum terms and conditions as stipulated by the Fair Work Act, and whether the agreement had been fairly and genuinely negotiated between the parties. Specifically, the commission had to determine if the proposed EBA provided for a fair and reasonable set of terms and conditions, and whether the agreement was genuinely negotiated. Furthermore, the commission examined whether the EBA complied with the legislative requirements, including the minimum safety net entitlements.

In its decision, the commission considered the provisions of the EBA, the submissions from the parties, and relevant legislative frameworks. The commission found that the EBA provided for minimum safety net entitlements and contained terms that were fair and reasonable. The commission was satisfied that the agreement had been genuinely negotiated and met the requirements under the Fair Work Act. Consequently, the commission approved the Ausport Marine Pty Limited and MUA Newcastle Lines and Mooring EBA 2012. The approval ensured that the terms and conditions of employment for the employees covered by the agreement were legally compliant and appropriately negotiated.

Australian Port Services (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established