DECISION

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

Flinders Adelaide Container Terminal Pty Ltd
(AG2015/5809)

FLINDERS ADELAIDE CONTAINER TERMINAL SUPERVISORS ENTERPRISE AGREEMENT 2015-2018

Stevedoring industry
COMMISSIONER HAMPTON	ADELAIDE, 21 OCTOBER 2015

Application for approval of the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Maritime Officers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Flinders Adelaide Container Terminal Pty Ltd, who applied for approval of the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2015-2018. The application was brought before the Fair Work Commission (FWC), which was required to decide if the agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement sufficiently complied with the Act, particularly regarding the minimum entitlements and procedural fairness.

The central legal issues revolved around whether the agreement provided for the minimum entitlements required by the Fair Work Act and whether the process through which the agreement was made was fair and lawful. Specifically, the FWC needed to ensure that the agreement did not undermine the minimum standards set out in the Act and that the necessary good faith bargaining and procedural fairness were observed.

In its decision, the FWC meticulously reviewed the contents of the enterprise agreement against the statutory minimum standards. The Commission found that the agreement met the requirements for minimum entitlements and was not in breach of any provisions of the Act. It also determined that the process of reaching the agreement was conducted with procedural fairness and in good faith. Consequently, the FWC approved the agreement, finding it to be compliant with all relevant legal standards.

The final orders included the approval of the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2015-2018, confirming its validity and enforceability under the Fair Work Act.

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