DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cannon and Connelly Investments Pty Ltd T/A Townsville Bulk Storage & Handling
(AG2017/1035)

TOWNSVILLE BULK STORAGE & HANDLING (TBSH) STEVEDORING ENTERPRISE AGREEMENT 2015-2018

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 20 APRIL 2017

Application for approval of the Townsville Bulk Storage & Handling (TBSH) Stevedoring Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Townsville Bulk Storage & Handling (TBSH) Stevedoring Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cannon and Connelly Investments Pty Ltd T/As Townsville Bulk Storage & Handling. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[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 was approved on 20 April 2017 and, in accordance with s.54, will operate from 27 April 2017. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cannon and Connelly Investments Pty Ltd, trading as Townsville Bulk Storage & Handling (TBSH), applied to the Fair Work Commission for approval of their Enterprise Agreement. The dispute centred on the terms and conditions of employment for employees within the stevedoring industry, specifically those covered by the proposed Enterprise Agreement for the period 2015-2018. The legal issues before the Fair Work Commission were primarily concerned with whether the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine if the agreement met the requirements for "avoidance of injustice" and if it contained terms that were fair and reasonable in all aspects.

The Fair Work Commission assessed the application by examining the procedural fairness of the agreement's development, the substantive fairness of the terms, and the overall impact on the employees. The Commission found that the agreement was procedurally fair, as it was developed through genuine bargaining and included provisions that avoided injustice. In terms of substantive fairness, the Commission determined that the proposed terms were reasonable, taking into account the economic context and the needs of both employers and employees. The Commission was satisfied that the agreement would not lead to an unacceptable level of disadvantage for any party and that it promoted a fair and productive working environment.

The Fair Work Commission approved the Townsville Bulk Storage & Handling Enterprise Agreement 2015-2018, acknowledging that it met the legislative requirements under the Fair Work Act 2009. The Commission found that the agreement was fair and reasonable, and it would not cause injustice to any party involved. The approved agreement will govern the employment terms and conditions for the employees of TBSH during the specified period.

Cannon and Connelly Investments Pty Ltd T/A Townsville Bulk Storage & Handling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established