Flinders Adelaide Container Terminal Pty Ltd

[2014] FWCA 6013

FAIR WORK COMMISSION

DECISION

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

Flinders Adelaide Container Terminal Pty Ltd
(AG2014/7105)

FLINDERS ADELAIDE CONTAINER TERMINAL STEVEDORING ENTERPRISE AGREEMENT 2014-2017

Stevedoring industry
COMMISSIONER HAMPTON	ADELAIDE, 2 SEPTEMBER 2014

Application for approval of the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2014-2017 (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 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) 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 9 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flinders Adelaide Container Terminal Pty Ltd sought approval for a stevedoring enterprise agreement for the years 2014 to 2017. The Fair Work Commission was the forum for this application. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the fair and equitable treatment of employees, covered all employees in the bargaining unit, and adhered to the relevant minimum terms and conditions.

The Commission considered whether the agreement contained all the necessary provisions, including those relating to pay rates, classification, and working conditions. It also assessed whether the agreement was genuinely negotiated between the employer and the employees' representative. The Commission examined if the agreement complied with the prescribed minimum terms and conditions outlined in the Fair Work Act. Additionally, the Commission evaluated whether the agreement met the standard of being fair and reasonable, taking into account the economic circumstances of the parties.

Upon reviewing the agreement, the Commission found that it contained all necessary provisions, was genuinely negotiated, and complied with the Fair Work Act's minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable given the economic context. Consequently, the Commission approved the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2014-2017.

The Commission's final order was that the agreement be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision and remain in force until the end of the specified period, 2017. This decision provided certainty and stability to both the employer and the employees, ensuring that the agreement would govern their industrial relations for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established