| [2021] FWCA 5850 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Flinders Adelaide Container Terminal Pty Ltd T/A Flinders Adelaide Container Terminal
(AG2021/6904)
FLINDERS ADELAIDE CONTAINER TERMINAL STEVEDORING ENTERPRISE AGREEMENT 2021-2025
Stevedoring industry | |
COMMISSIONER SIMPSON | BRISBANE, 16 SEPTEMBER 2021 |
Application for approval of the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2021-2025
[1] An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2021-2025 (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 T/A Flinders Adelaide Container Terminal (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the CFMMEU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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- AGLC
- Flinders Adelaide Container Terminal Pty Ltd T/A Flinders Adelaide Container Terminal [2021] FWCA 5850
- Case
- [2021] FWCA 5850
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission involved determining whether the agreement complied with the requirements of the Fair Work Act 2009, specifically sections 230 and 231. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, penalty rates, leave entitlements, and other matters. It also needed to verify if the agreement adhered to the prescribed process for approval, ensuring that all procedural fairness was observed.
The Commission found that the proposed agreement met all the necessary criteria. The agreement was deemed to provide for fair and reasonable terms and conditions of employment. The Commission also determined that the agreement had been developed through a process that satisfied the requirements of procedural fairness. As such, the application for approval was granted, and the agreement was certified as meeting the standards set by the Fair Work Act 2009.
The Fair Work Commission approved the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2021-2025, certifying it as meeting the criteria under the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission's decision. The parties were directed to abide by the terms of the certified agreement, and any disputes arising under it were to be referred to the Fair Work Commission for resolution.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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