DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DP World (Fremantle) Limited T/A DP World (Fremantle) Ltd
(AG2021/113)

DP WORLD FREMANTLE ENTERPRISE AGREEMENT 2020

Stevedoring industry
COMMISSIONER WILLIAMS	PERTH, 5 MARCH 2021

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

[1] An application has been made for approval of an enterprise agreement known as the DP World Fremantle Enterprise Agreement 2020 (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 T/A DP World (Fremantle) Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2021. The nominal expiry date of the Agreement is 30 September 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves DP World (Fremantle) Limited T/A DP World (Fremantle) Ltd and its employees. The dispute pertains to the application for approval of the DP World Fremantle Enterprise Agreement 2020. The matter was heard by the Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes. The Commission's primary task was to determine if the agreement could be approved under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the statutory requirements for enterprise agreements, such as ensuring that the agreement was free from any improper influence or coercion. Another significant issue was whether the agreement provided for the proper classification and remuneration of employees and included appropriate dispute resolution processes. Additionally, the Commission had to assess if the agreement adhered to the 'better off overall test', ensuring that employees were not worse off financially under the new agreement compared to their previous conditions.

The Commission examined the submissions from both parties and considered the relevant legal framework. It was found that the agreement was not entered into improperly and that it included adequate provisions for the classification and remuneration of employees. Furthermore, the Commission concluded that the agreement satisfied the 'better off overall test', as employees would be better off overall under the new conditions. The Commission also noted the inclusion of appropriate dispute resolution processes, which was a positive aspect of the agreement. Based on these findings, the Commission approved the DP World Fremantle Enterprise Agreement 2020.

The Fair Work Commission approved the DP World Fremantle Enterprise Agreement 2020, determining that it met all the necessary statutory requirements. The agreement was found to be free from improper influence or coercion, provided for proper classification and remuneration of employees, and satisfied the 'better off overall test'. The inclusion of appropriate dispute resolution processes was also acknowledged as a positive aspect of the agreement. The Commission's decision was based on a thorough examination of the agreement and the submissions from both parties, ensuring that the agreement complied with the relevant legal framework.

DP World (Fremantle) Limited T/A DP World (Fremantle) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established