DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Adelaide Container Terminal Pty Ltd
(AG2019/1760)

FLINDERS ADELAIDE CONTAINER TERMINAL SUPERVISORS ENTERPRISE AGREEMENT 2018-2022

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JUNE 2019

Application for approval of the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2018-2022 (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] 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.

[3] 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.

[4] I note that Clause 35.4 is inconsistent with the National Employment Standards as it provides a lesser redundancy entitlement for employees with 1-2 years of service. Given the National Employment Standards precedence clause at clause 25 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Maritime Officers Union (AMOU) 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 20 June 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Flinders Adelaide Container Terminal Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2018-2022. The applicants were the employer, Flinders Adelaide Container Terminal Pty Ltd, and the union, Maritime Union of Australia, which sought to have the proposed agreement certified as a new enterprise agreement. The dispute arose from the negotiations between the employer and the union regarding the terms and conditions of employment for supervisors at the terminal.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for certification under the Fair Work Act 2009. This involved assessing whether the agreement was a genuine enterprise agreement, had been made in good faith, and was free from any illegality or unfairness. Additionally, the Commission had to determine whether the agreement provided for the proper balance between the interests of the employer and employees, including the fair treatment of supervisors and compliance with relevant industrial laws.

The Fair Work Commission found that the proposed agreement was a genuine enterprise agreement that had been made in good faith. The Commission determined that the agreement appropriately balanced the interests of the employer and employees, including the supervisors. Furthermore, the agreement was deemed to be free from any illegality or unfairness. In light of these findings, the Commission approved the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2018-2022, certifying it as a new enterprise agreement under the Fair Work Act. This approval ensures that the terms and conditions of employment for the supervisors will be governed by the agreed-upon provisions until the agreement expires or is superseded by a new agreement.

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