DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DP World Melbourne Limited, DP World Sydney Limited, DP World (Fremantle) Limited, DP World Brisbane Limited T/A DP World Australia
(AG2020/4163)

DP WORLD SUPERVISORS & YARD PLANNERS ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 FEBRUARY 2021

Application for approval of the DP World Supervisors & Yard Planners Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the DP World Supervisors & Yard Planners Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the following employers (single-interest employers):

(a) DP World Melbourne Limited;

(b) DP World Sydney Limited;

(d) DP World Brisbane Limited T/A DP World Australia.

The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Maritime Officers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2021. The nominal expiry date of the Agreement is 1 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, DP World Melbourne Limited, DP World Sydney Limited, DP World (Fremantle) Limited, DP World Brisbane Limited T/A DP World Australia applied for the approval of the DP World Supervisors & Yard Planners Enterprise Agreement 2020. The application was opposed by the Transport Workers Union. The dispute centred around the terms and conditions of employment for supervisors and yard planners within DP World Australia, specifically regarding the proposed enterprise agreement.

The legal issues before the Commission included whether the agreement was in the best interests of the employees, whether it met the requirements of the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to determine if the agreement provided for the employees’ safety and health, and if it was fair and appropriate in all other respects.

The Fair Work Commission approved the DP World Supervisors & Yard Planners Enterprise Agreement 2020. The Commission found that the agreement was in the best interests of the employees, met the requirements of the Fair Work Act, and provided for fair and reasonable terms and conditions of employment. The agreement was also deemed to provide for the employees’ safety and health, and was fair and appropriate in all other respects. The Commission considered the evidence presented by both parties, including the submissions and arguments made by the Transport Workers Union and DP World Australia, in reaching its decision.

DP World Melbourne Limited, DP World Sydney Limited, DP World (Fremantle) Limited, DP World Brisbane Limited T/A DP World Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established