DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DP World Sydney Limited
(AG2020/3607)

DP WORLD SYDNEY ENTERPRISE AGREEMENT 2020

Stevedoring industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 DECEMBER 2020

Application for approval of the DP World Sydney Enterprise Agreement 2020.

[1] DP World Sydney Limited has applied for approval of a single enterprise agreement known as the DP World Sydney Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and further information was provided.

[3] On the basis of the material contained in the application and related materials, 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 22 December 2020 and, in accordance with s.54, will operate from 29 December 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved DP World Sydney Limited and the Maritime Officers' Association of Australia. The dispute centred on the approval of the DP World Sydney Enterprise Agreement 2020. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory provisions for enterprise agreements. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it contained the necessary provisions for minimum entitlements, pay rates, and other terms and conditions of employment. Additionally, the Commission examined whether the agreement had been appropriately certified and whether there were any procedural irregularities in the bargaining process.

In its decision, the Fair Work Commission found that the DP World Sydney Enterprise Agreement 2020 was validly made and met the statutory requirements for approval. The Commission noted that the agreement contained all the necessary provisions for minimum entitlements, pay rates, and other terms and conditions of employment. Furthermore, the Commission determined that the agreement had been appropriately certified and that there were no procedural irregularities in the bargaining process. Consequently, the Commission approved the agreement, emphasising the importance of fair and effective workplace agreements in maintaining industrial harmony.

The Fair Work Commission approved the DP World Sydney Enterprise Agreement 2020, confirming its compliance with the statutory requirements under the Fair Work Act 2009. This decision ensures that the agreement will govern the employment terms and conditions of the employees covered by the agreement, providing a stable and predictable framework for industrial relations in the workplace.

DP World Sydney Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established