DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DP World Melbourne Limited
(AG2016/2466)

DP WORLD MELBOURNE ENTERPRISE AGREEMENT 2016

Stevedoring industry
COMMISSIONER CAMBRIDGE	SYDNEY, 22 MARCH 2016

Application for approval of the DP World Melbourne Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DP World Melbourne Enterprise Agreement 2016(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 Melbourne Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Melbourne on 4 March 2016. The application included a Statutory Declaration of Jessica Blomfield made on behalf of the Employer and dated 4 March 2016 (the Declaration). The Declaration stated that the Agreement was made on 19 February 2016. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 22 March 2016. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of The Maritime Union of Australia (the MUA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8.19 and a consultation term at clause 27.

[6] 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.

[7] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 29 March 2016. The nominal expiry date of the Agreement as specified in clause 6.1 of the Agreement, is 28 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved DP World Melbourne Limited, a company operating a container terminal at the Port of Melbourne, and the Maritime Officers’ Association, representing the employees. The dispute centred on the application for approval of the DP World Melbourne Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The legal issues before the court included whether the agreement met the statutory requirements for approval, particularly under section 230 of the Fair Work Act 2009. The court also needed to consider whether the agreement provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the agreement generally met the statutory requirements for approval. It noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment conditions. The Commission took into account the bargaining positions of the parties, the nature of the enterprise, and the overall fairness of the agreement. However, the Commission made some minor orders to address specific issues, such as clarifying certain provisions and ensuring compliance with minimum employment standards.

Ultimately, the Commission approved the DP World Melbourne Enterprise Agreement 2016, subject to the minor orders made. The court found that the agreement was in the best interests of the employees, considering the balance of advantages and disadvantages to them. The Commission also noted the importance of maintaining industrial peace and avoiding industrial action, which would benefit both the employees and the broader community.

The Fair Work Commission's final orders included approval of the DP World Melbourne Enterprise Agreement 2016, with the minor orders made to address specific issues. The Commission also directed that the agreement be registered with the Fair Work Commission and that it would have effect from the date of the order. The decision provided clarity on the terms and conditions of employment for the employees at the Port of Melbourne and helped to maintain industrial peace in the sector.

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