DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Adelaide Container Terminal Pty Ltd
(AG2017/1231)

FLINDERS ADELAIDE CONTAINER TERMINAL DEPOT ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 17MAY 2017

Application for approval of the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Flinders Adelaide Container Terminal Pty Ltd was heard by the Fair Work Commission, with the applicant seeking approval of the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2016. The dispute centred around the validity and enforceability of the agreement, particularly its provisions regarding employee entitlements, work arrangements, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement had been properly negotiated, if it met the statutory requirements for approval, and whether it complied with the Fair Work Act 2009. A significant point of contention was the process by which the agreement was negotiated, with arguments raised about the fairness and representation of employees during the negotiation phase.

The Commission found that the agreement had been negotiated in good faith and met the necessary criteria for approval. It determined that the negotiation process, while not perfect, was sufficient to meet the standards required under the Fair Work Act. The agreement was found to provide fair and reasonable terms for employees, including adequate dispute resolution mechanisms. The Commission also held that the employer had demonstrated a commitment to ensuring the agreement's provisions were fair and equitable for all parties involved.

The final orders of the Commission were that the Flinders Adelaide Container Terminal Depot Enterprise Agreement 2016 be approved as a registered agreement, effective from the date of the decision. This approval ensures that the agreement can be enforced and that the parties are bound by its terms.

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