DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DP World Melbourne Limited
(AG2021/3966)

DP WORLD MELBOURNE ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 MARCH 2021

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

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

[2] 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.

[3] 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.

[4] The Agreement was approved on 10 March 2021 and, in accordance with s.54, will operate from 17 March 2021. 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 case involved DP World Melbourne Limited, which sought approval of the DP World Melbourne Enterprise Agreement 2020 from the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the process by which the agreement was negotiated and the manner in which it was presented to the Commission. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated, whether it contained all the mandatory terms required by the Fair Work Act, and whether the process by which the agreement was presented to the Commission was appropriate. The Commission also had to consider whether the agreement met the requirement of being in the best interests of the employees and the employer. Additionally, the Commission needed to ascertain if the agreement appropriately reflected the economic, social and employment conditions of the parties involved.

The Commission found that the agreement had been genuinely negotiated and contained all the mandatory terms required by the Act. The process of negotiation and presentation was deemed appropriate, and the agreement was found to be in the best interests of both the employees and the employer. The Commission concluded that the agreement reflected the economic, social and employment conditions of the parties involved and approved the DP World Melbourne Enterprise Agreement 2020. Consequently, the Commission ordered the approval of the agreement, subject to any necessary modifications to ensure compliance with the Fair Work Act.

DP World Melbourne Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established