DECISION

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

DP World Sydney Limited
(AG2015/4885)

DP WORLD SYDNEY ENTERPRISE AGREEMENT 2015

Stevedoring industry
COMMISSIONER CAMBRIDGE	SYDNEY, 23 SEPTEMBER 2015

Application for approval of the DP World Sydney Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DP World Sydney Enterprise Agreement 2015(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 Sydney Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 4 September 2015. The application included a Statutory Declaration of Jessica Blomfield made on behalf of the Employer and dated 4 September 2015 (the Declaration). The Declaration stated that the Agreement was made on 25 August 2015. 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 23 September 2015. 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 30 September 2015. 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 matter involved DP World Sydney Limited, a major logistics company in Sydney, and their employees represented by a union. The union sought approval for a new enterprise agreement, DP World Sydney Enterprise Agreement 2015, which was to govern the employment terms and conditions for the employees. The Fair Work Commission was the court responsible for hearing and deciding upon the union's application for approval of the agreement.

The primary legal issue before the Commission was whether the proposed agreement met the criteria set out under the Fair Work Act 2009, particularly whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement was genuinely negotiated and whether it was in the best interests of the employees. Furthermore, the Commission examined the implications of any changes proposed in the agreement, including those related to pay and conditions, to ensure they were fair and equitable.

In reaching its decision, the Fair Work Commission thoroughly reviewed the terms of the proposed agreement, the bargaining process, and the impact of the agreement on the employees. The Commission found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. The Commission also determined that the changes proposed in the agreement were fair and did not disadvantage the employees. Consequently, the Fair Work Commission approved the DP World Sydney Enterprise Agreement 2015.

The Commission's final order was that the DP World Sydney Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to remain in force until the next scheduled review date or until terminated in accordance with the provisions of the agreement or the Act.

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