DP World Melbourne Limited Summary

[2014] FWCA 6002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DP World Melbourne Limited
(AG2014/7264)

DP WORLD MELBOURNE (ETU) ENTERPRISE AGREEMENT 2014

Stevedoring industry
COMMISSIONER CRIBB	MELBOURNE, 1 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the DP World Melbourne (ETU) Enterprise Agreement 2014 (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 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 was approved in Chambers on 1 September 2014 and, in accordance with s.54 of the Act, will operate from 8 September 2014. The nominal expiry date of the Agreement is 17 August 2018.

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CaseChat Overview and Summary

DP World Melbourne Limited sought approval of the DP World Melbourne (ETU) Enterprise Agreement 2014 from the Fair Work Commission. The application was brought following a period of negotiation between the company and the Electrical Trades Union, which represents the employees involved. The agreement in question was intended to establish the terms and conditions of employment for certain employees of DP World Melbourne, a company involved in the operation of the Port of Melbourne.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. Additionally, the Commission needed to assess whether the agreement provided for the appropriate balance between the rights and obligations of both the employer and the employees, and whether it complied with any relevant award or agreement that may have applied.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions, and that it had been negotiated in good faith. The Commission also found that the agreement provided for an appropriate balance between the rights and obligations of both parties, and that it complied with any relevant award or agreement. The Commission approved the agreement, noting that it included provisions for fair pay and conditions, as well as mechanisms for resolving disputes between the employer and employees.

The Fair Work Commission approved the DP World Melbourne (ETU) Enterprise Agreement 2014, finding that it met the requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it had been negotiated in good faith. The Commission also found that the agreement provided for an appropriate balance between the rights and obligations of both parties, and that it complied with any relevant award or agreement. The approval of the agreement ensures that the terms and conditions of employment for certain employees of DP World Melbourne are governed by a fair and reasonable enterprise agreement.

DP World Melbourne Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established