| [2024] FWCA 3170 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DP World Australia Container Parks Pty Ltd T/A Sydney Port Logistics Park
(AG2024/2842)
DP WORLD CONTAINER PARKS SYDNEY ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 3 SEPTEMBER 2024 |
Application for approval of the DP World Container Parks Sydney Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the DP World Container Parks Sydney Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 September 2024. The nominal expiry date of the Agreement is 28 February 2028.
The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the CFMEU.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525977 PR778874>
Annexure A
- AGLC
- DP World Australia Container Parks Pty Ltd T/A Sydney Port Logistics Park [2024] FWCA 3170
- Case
- [2024] FWCA 3170
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved verifying the fairness of the agreement and ensuring that the necessary processes were followed in its creation. Specifically, the Commission had to ascertain whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and if it provided adequate protections and entitlements for the employees covered by the agreement. Furthermore, the Commission examined whether the agreement complied with the relevant provisions of the Fair Work Act, including provisions regarding the scope of the agreement and the representation of the employees.
The Commission concluded that the proposed agreement was fair and reasonable. It determined that the agreement was made in good faith and that the processes followed in its negotiation and creation were appropriate. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and that it complied with all the statutory requirements for approval. Consequently, the Commission approved the DP World Container Parks Sydney Enterprise Agreement 2024, and it was registered on the Register of Approved Enterprise Agreements.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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