DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Adelaide Container Terminal Pty Ltd
(AG2017/5867)

FLINDERS ADELAIDE CONTAINER TERMINAL STEVEDORING ENTERPRISE AGREEMENT 2017-2021

Stevedoring industry
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2018

Application for approval of the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2017-2021 (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 Applicant 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 Maritime Union of Australia 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 30 March 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Flinders Adelaide Container Terminal Pty Ltd case involved an application for the approval of a stevedoring enterprise agreement by the Fair Work Commission (FWC). The applicant, Flinders Adelaide Container Terminal, sought the FWC's approval for the agreement which was proposed to govern the terms and conditions of employment for its stevedoring workers. The application was brought under the Fair Work Act 2009, with the dispute centred on whether the proposed agreement met the requirements for approval under the Act.

The primary legal issue before the FWC was whether the proposed enterprise agreement satisfied the 'better off overall test', a critical criterion for the approval of such agreements under section 173 of the Fair Work Act. This test requires that the proposed agreement ensures employees are not worse off financially and are, in fact, better off overall compared to their current terms and conditions of employment. Additionally, the FWC had to consider whether the agreement met all other legal requirements, such as provisions for dispute resolution and the proper negotiation of the agreement.

In examining the application, the FWC assessed the evidence presented regarding the terms and conditions of employment proposed in the agreement. The Commission found that the agreement met the 'better off overall test', as it provided employees with a package of benefits that improved their overall financial position. The FWC also confirmed that the agreement complied with all other statutory requirements, including appropriate mechanisms for dispute resolution and evidence of genuine negotiation. Consequently, the FWC approved the enterprise agreement, recognising it as fair and meeting the legislative standards.

The Fair Work Commission granted approval for the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2017-2021, confirming its compliance with the Fair Work Act. This decision affirmed that the agreement would govern the employment conditions of the stevedoring workers, ensuring they were not worse off and were indeed better off overall.

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