DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Logistics Pty Ltd
(AG2017/967)

FLINDERS LOGISTICS PORT ADELAIDE OPERATIONS ENTERPRISE AGREEMENT 2016-2019

Stevedoring industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2017

Application for approval of the Flinders Logistics Port Adelaide Operations Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Logistics Port Adelaide Operations Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flinders Logistics Pty Ltd T/A Flinders Logistics. 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.

[4] The Maritime Union of Australia (MUA) 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.

[5] The Agreement was approved on 11 May 2017 and, in accordance with s.54, will operate from 18 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Flinders Logistics Pty Ltd, applied for the approval of the Flinders Logistics Port Adelaide Operations Enterprise Agreement 2016-2019. The respondent, Maritime Union of Australia, opposed the application. The primary issue before the court was whether the enterprise agreement met the criteria set out in the Fair Work Act 2009 for approval. Specifically, the court had to determine if the agreement provided for the appropriate process for resolving disputes, and if it met the requirements for good faith bargaining.

The court considered the process for resolving disputes outlined in the agreement and the conduct of the parties during the bargaining process. The court noted that the agreement included a clause for the resolution of disputes, which required the parties to attempt to resolve any dispute through negotiation before resorting to arbitration. The court also examined the conduct of the parties during the bargaining process and found that both parties had acted in good faith. The court concluded that the agreement met the criteria for approval as it provided for an appropriate process for resolving disputes and was the product of good faith bargaining.

As a result of the court's decision, the application for approval of the enterprise agreement was successful. The court found that the agreement met the requirements of the Fair Work Act 2009 and was therefore approved. The final orders of the court included the approval of the Flinders Logistics Port Adelaide Operations Enterprise Agreement 2016-2019, with certain modifications to ensure compliance with the Fair Work Act 2009. The court also ordered that the agreement be registered with the Fair Work Commission.

Flinders Logistics 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