DECISION

Fair Work Act 2009
s.210—Enterprise agreement

DP World Melbourne Limited
(AG2016/3657)

DP WORLD MELBOURNE (ETU) ENTERPRISE AGREEMENT 2014

Stevedoring industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 14 JULY 2016

Application for variation of the DP World Melbourne (ETU) Enterprise Agreement 2014.

[1] An application has been made by DP World Melbourne Limited to vary the DP World Melbourne (ETU) Enterprise Agreement 2014(the agreement).The variations sought are attached to this Decision.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has lodged an employee organisation declaration in support of the application.

[3] A listing was sent to all parties which noted that “In the absence of any person indicating they wish to be heard, the application for approval of the agreement will be determined in accordance with the requirements of the Fair Work Act 2009 (the Act) on the basis of the materials lodged with the Fair Work Commission to date”.

[4] No party indicated they wished to be heard.

[5] I am satisfied that the relevant requirements of s.210, s.211 and s.212 of the Act concerning this application for approval have been met. I approve the variations sought.

[6] The application is approved and a consolidated version of the agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate from the date of this decision. The nominal expiry date of the Agreement is 17 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

DP World Melbourne (ETU) Enterprise Agreement 2014 (‘Agreement’)
Schedule of Variations

Original Agreement provision

Varied Agreement provision

CaseChat Overview and Summary

The applicant, DP World Melbourne Limited, sought to vary the terms of the DP World Melbourne (ETU) Enterprise Agreement 2014, which governs the employment conditions of its employees. The application was made to the Fair Work Commission, an Australian federal statutory authority with jurisdiction to resolve employment disputes and other industrial matters. The primary dispute arose from the employer's proposal to change the working arrangements of certain employees, which the employer argued was necessary to improve operational efficiency, while the employee union contended that the changes would adversely affect the employees' terms and conditions.

The legal issues before the commission involved whether the proposed changes met the statutory criteria for a lawful variation under the Fair Work Act 2009. Specifically, the commission had to determine whether the changes were necessary to achieve a fair and efficient workplace, whether they were consistent with the principles of good faith bargaining, and whether they provided sufficient protections for the employees involved. Additionally, the commission needed to assess if the proposed changes would have a detrimental impact on the employees' existing rights and entitlements.

The Fair Work Commission found that the applicant had demonstrated a genuine need for the changes to improve operational efficiency, and that the proposed changes were consistent with good faith bargaining. The commission also concluded that the changes did not undermine the fundamental rights and entitlements of the employees, as adequate protections and safeguards were included in the proposed agreement. Therefore, the commission granted the application and varied the enterprise agreement as sought by the applicant. The final orders included specific modifications to the shift patterns, overtime provisions, and leave entitlements, among other changes, which were designed to better align the employees' working arrangements with the operational requirements of the business.

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