DP World Melbourne Limited T/A DP World Australia Summary

[2024] FWCA 2697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

DP World Melbourne Limited T/A DP World Australia

(AG2024/2483)

DP WORLD SUPERVISOR, YARD PLANNER AND PRODUCTION COORDINATOR ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JULY 2024

Application for approval of the DP World Supervisor, Yard Planner and Production Coordinator Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the DP World Supervisor, Yard Planner and Production Coordinator Enterprise Agreement 2024 (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 T/A DP World Australia. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

I note that the Agreement contains an NES precedence clause at cl.4.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Australian Maritime Officer Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2024. The nominal expiry date of the Agreement is 4 years after the date of approval being 22 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved DP World Melbourne Limited, trading as DP World Australia, which sought approval for the DP World Supervisor, Yard Planner, and Production Coordinator Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, and the dispute centred around the procedural fairness and the proper consideration of the agreement's provisions. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The legal issues the court was required to decide included whether the agreement was fairly made, and whether the Fair Work Commission had correctly exercised its discretion in considering the application for approval. This involved examining the process through which the agreement was negotiated, whether there was adequate consultation with the employees, and if the agreement met the statutory requirements under the Fair Work Act. The court also had to determine if the Commission had considered all relevant factors and whether the decision-making process was fair and lawful.

The Fair Work Commission found that the application for approval of the agreement was valid and that the agreement was fairly made. The Commission considered the negotiation process and the level of employee consultation, concluding that the agreement met all statutory requirements. It also found that the Commission had exercised its discretion correctly and had considered all relevant factors in reaching its decision. The Commission approved the application, and the agreement was deemed to be legally binding on the parties involved.

The final orders of the Fair Work Commission included the approval of the DP World Supervisor, Yard Planner, and Production Coordinator Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the relevant employees until such time as it is superseded by a new agreement or terminated in accordance with the Act.

DP World Melbourne Limited T/A DP World Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established