Flinders Adelaide Container Terminal Pty Ltd

[2025] FWCA 3543

[2025] FWCA 3543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Flinders Adelaide Container Terminal Pty Ltd

(AG2025/3151)

FLINDERS ADELAIDE CONTAINER TERMINAL STEVEDORING ENTERPRISE AGREEMENT 2025-2029

Stevedoring industry
COMMISSIONER ROGERS	ADELAIDE, 22 OCTOBER 2025

Application for the approval of the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2025-2029

1. An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flinders Adelaide Container Terminal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings, a copy of which 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

   ·   Deduction of NES entitlements on termination – clause 7.15 provides if an Employee fails to give or work out the appropriate notice, the Company may withhold monies, due to the Employee for the period or balance of notice required. The effect of this is that this clause appears to permit the employer to withhold monies owing to the employee under the NES.

·   Redundancy – The redundancy exclusions in clauses 12.3.15.1 and 12.3.15.2 do not appear to be subject to an application under s. 120 of the Act.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 29 October 2025. The nominal expiry date of the Agreement is 31 March 2029.

COMMISSIONER

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Annexure A