DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Adelaide Container Terminal Pty Ltd
(AG2019/1829)

FLINDERS ADELAIDE CONTAINER TERMINAL DEPOT ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2019

Application for approval of the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Flinders Adelaide Container Terminal Pty Ltd, the Fair Work Commission was called upon to determine the approval of the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2019. The application for approval was made by the employer, and the agreement was to cover a range of employees who are classified as operational workers, storepersons, and clerical employees. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, leave entitlements, and other employment-related provisions.

The legal issues before the Commission involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the criteria for "better off overall" as required by the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to consider whether the agreement provided employees with conditions that were no worse than, and in some respects better than, those they would have under the relevant awards. The Commission also had to evaluate the procedural fairness of the agreement-making process and whether the agreement was genuinely negotiated.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement provided employees with terms and conditions that were at least as good as, and in some respects better than, those provided by the relevant awards. The Commission was satisfied with the process of negotiation and the fairness with which the agreement was made. Consequently, the Commission approved the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2019. The approval was granted on the basis that the agreement was in the interests of promoting conciliation, arbitration, and agreement in the workplace, as well as the broader objective of creating a productive workplace relations system.

Flinders Adelaide Container Terminal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established