Flinders Adelaide Container Terminal Pty Ltd Summary

[2025] FWCA 3543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Flinders Adelaide Container Terminal Pty Ltd

(AG2025/3151)

FLINDERS ADELAIDE CONTAINER TERMINAL STEVEDORING ENTERPRISE AGREEMENT 2025-2029

Stevedoring industry
COMMISSIONER ROGERS	ADELAIDE, 22 OCTOBER 2025

Application for the approval of the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2025-2029 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings, a copy of which 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.

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.

I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
· Deduction of NES entitlements on termination – clause 7.15 provides if an Employee fails to give or work out the appropriate notice, the Company may withhold monies, due to the Employee for the period or balance of notice required. The effect of this is that this clause appears to permit the employer to withhold monies owing to the employee under the NES.

· Redundancy – The redundancy exclusions in clauses 12.3.15.1 and 12.3.15.2 do not appear to be subject to an application under s. 120 of the Act.

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.

The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 29 October 2025. The nominal expiry date of the Agreement is 31 March 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Flinders Adelaide Container Terminal Pty Ltd, the Fair Work Commission (FWC) was tasked with considering an application for the approval of a new enterprise agreement, the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2025-2029. The applicant, Flinders Adelaide Container Terminal Pty Ltd, sought to implement this agreement, which was negotiated between the employer and the union representing the employees. The nature of the dispute centred on whether the proposed terms and conditions within the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement was made in good faith, whether it contained the minimum terms and conditions as stipulated by the Fair Work Act, and whether the agreement was in the best interests of the employees it was intended to cover. Additionally, the Commission needed to ensure that the agreement had been negotiated fairly and that the process leading to the agreement's creation complied with the relevant legislative provisions. The question of whether the agreement adequately balanced the interests of both the employer and the employees was also paramount.

Upon reviewing the submissions and evidence provided by both parties, the Commission found that the agreement was made in good faith and contained all the minimum terms and conditions required by law. The Commission also concluded that the negotiation process was fair and that the agreement was in the best interests of the employees. The proposed terms and conditions of the agreement were deemed to be reasonable and balanced, taking into account the economic and operational context of the stevedoring industry. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all respects. As a result, the Flinders Adelaide Container Terminal Stevedoring Enterprise Agreement 2025-2029 was officially approved and will now govern the employment conditions of the relevant employees for the specified period.

Flinders Adelaide Container Terminal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established