Flinders Adelaide Container Terminal Pty Ltd Summary

[2013] FWCA 7964

FAIR WORK COMMISSION

DECISION

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

Flinders Adelaide Container Terminal Pty Ltd
(AG2013/9630)

FLINDERS ADELAIDE CONTAINER TERMINAL DEPOT ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 17 OCTOBER 2013

Application for approval of the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Flinders Adelaide Container Terminal Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Maritime Union of Australia (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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 24 October 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Flinders Adelaide Container Terminal Pty Ltd applied for approval of the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2013. The respondents, who included various unions, opposed the approval of the agreement on several grounds. The primary dispute centred around the terms of the proposed agreement, which the unions argued did not adequately protect employee rights and conditions.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms and conditions, and whether it complied with the requirements for genuine bargaining and employee protections. The unions contended that certain provisions of the agreement were unfair and did not reflect the outcomes of genuine bargaining.

The Fair Work Commission found that while the majority of the agreement's terms were fair and reasonable, certain provisions did not meet the standards required for approval. Specifically, the Commission identified issues with provisions related to shift patterns and rest breaks, which it deemed to be unfair. Given these findings, the Commission did not approve the agreement. Instead, it directed the parties to negotiate in good faith to address the identified issues. If the parties were unable to reach an agreement within a specified timeframe, the Commission would further determine the appropriate terms and conditions.

Flinders Adelaide Container Terminal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established