DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DP World (Fremantle) Limited
(AG2015/4505)

DP WORLD FREMANTLE ENTERPRISE AGREEMENT 2015

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the DP World Fremantle Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DP World Fremantle Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DP World (Fremantle) Limited. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is
28 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved DP World (Fremantle) Limited, an employer, and the Maritime Union of Australia, a trade union. The dispute centred around the application for approval of the DP World Fremantle Enterprise Agreement 2015. The Commission was tasked with determining whether the agreement met the necessary legislative criteria for approval, including the requirement for it to provide for fair and reasonable terms and conditions for employees.

The legal issues at hand required the Commission to examine the provisions of the Fair Work Act 2009 and related regulations. The key concerns were whether the agreement adequately protected employees' rights, ensured fair treatment, and complied with the provisions regarding minimum entitlements and procedural fairness. Additionally, the Commission considered whether the agreement had been negotiated in good faith and whether it appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission assessed the agreement against the statutory criteria and found that, while there were some areas of concern, the agreement overall provided for fair and reasonable terms and conditions. The Commission determined that the agreement was appropriately negotiated in good faith and met the statutory requirements for approval. The Commission concluded that the benefits of the agreement, in terms of enhanced protections and procedural fairness for employees, outweighed the concerns, leading to the decision to approve the DP World Fremantle Enterprise Agreement 2015.

DP World (Fremantle) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established