DP World (Fremantle) Limited Summary

[2024] FWCA 1356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DP World (Fremantle) Limited

(AG2024/1058)

DP WORLD FREMANTLE ENTERPRISE AGREEMENT 2024

Stevedoring industry
COMMISSIONER MATHESON	SYDNEY, 16 APRIL 2024

Application for approval of the DP World Fremantle Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the DP World Freemantle Enterprise Agreement 2024 (Agreement). The application was made by DP World (Freemantle) Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 31 March 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in relation to genuine agreement in force immediately prior to 6 June 2023.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (Regulations) is taken to be a term of the Agreement.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) (Regulations) is taken to be a term of the Agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2024. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

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CaseChat Overview and Summary

DP World (Fremantle) Limited sought approval for the DP World Fremantle Enterprise Agreement 2024. The dispute was heard in the Fair Work Commission, a tribunal in Australia dedicated to resolving workplace disputes. The application was made under section 231 of the Fair Work Act 2009. The parties involved were DP World (Fremantle) Limited, the employer, and Maritime Officers' Association of Australia, the union representing the employees.

The legal issues before the court were whether the enterprise agreement was fairly negotiated and whether it complied with the relevant statutory provisions. The union argued that the agreement was not fairly negotiated as it did not adequately address certain issues. They also claimed that the agreement did not comply with the statutory requirement of a 4% minimum pay increase. The employer, on the other hand, argued that the agreement was fairly negotiated and met all statutory requirements.

The Commission found that the enterprise agreement was fairly negotiated, despite some reservations about the negotiation process. The Commission was satisfied that the agreement met all statutory requirements, including the 4% minimum pay increase. The Commission concluded that the agreement was in the best interests of the employees and approved it. The Commission emphasised the importance of ensuring that the agreement was fairly negotiated and met all statutory requirements.

The Fair Work Commission approved the DP World Fremantle Enterprise Agreement 2024, finding it to be fairly negotiated and compliant with the relevant statutory provisions. The Commission ordered that the agreement be registered and have effect as a registered agreement under the Fair Work Act 2009. The agreement was to commence on the first day of the month following the registration of the agreement.

DP World (Fremantle) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established