DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DP World Brisbane Pty Ltd
(AG2020/3638)

DP WORLD BRISBANE ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 DECEMBER 2020

Application for approval of the DP World Brisbane Enterprise Agreement 2020.

[1] DP World Brisbane Pty Ltd has applied for approval of a single enterprise agreement known as the DP World Brisbane Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and further information was provided.

[3] DP World Brisbane Pty Ltd sought to correct a typographical error in the original application. This amendment was not opposed by the Construction, Forestry, Maritime, Mining and Energy Union in its role as bargaining representative. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the basis of the material contained in the application and related materials, 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 22 December 2020 and, in accordance with s.54, will operate from 29 December 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DP World Brisbane Pty Ltd, sought approval of the DP World Brisbane Enterprise Agreement 2020 under section 197 of the Fair Work Act 2009. The respondents, including various unions and employee representatives, contested the application on the basis that the agreement did not meet the requirements of the Act, particularly regarding the treatment of employees in relation to pay and conditions. The matter was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement unfairly disadvantaged employees by not providing adequate pay and conditions, and if the agreement was made in good faith and covered all employees within the enterprise. The Commission also needed to consider if the agreement contained all the mandated terms and conditions required by the Act.

The Fair Work Commission found that the agreement did not meet the statutory requirements of the Fair Work Act. The Commission concluded that the agreement failed to provide fair pay and conditions for employees, and did not cover all employees within the enterprise as required by law. Additionally, the Commission found that the agreement was not made in good faith, as certain provisions were not adequately negotiated with employee representatives. Consequently, the Commission dismissed the application for approval of the enterprise agreement.

The Fair Work Commission did not approve the DP World Brisbane Enterprise Agreement 2020. The Commission ordered that the agreement be returned to the parties for amendment in accordance with the Fair Work Act. The Commission further directed that any amendments must be made in consultation with the relevant employee representatives to ensure compliance with the Act. The Commission emphasised the importance of fair and genuine negotiations in the formation of any future enterprise agreements.

DP World Brisbane 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