DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Flinders Logistics Pty Ltd T/A Flinders Logistics
(AG2021/4565)

FLINDERS LOGISTICS PORT ADELAIDE OPERATIONS ENTERPRISE AGREEMENT, 2019-2022

Stevedoring industry
COMMISSIONER PLATT	ADELAIDE, 17 MAY 2021

Application for variation of the Flinders Logistics Port Adelaide Operations Enterprise Agreement, 2019-2022.

[1] An application has been made for approval of a variation to the Flinders Logistics Port Adelaide Operations Enterprise Agreement, 2019-2022 (the Agreement). The application was made by Flinders Logistics Pty Ltd T/A Flinders Logistics pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] It is noted that the Construction, Forestry, Maritime, Mining and Energy Union – The Maritime Union of Australia Division (MUA), an employee bargaining representative for the Agreement, objected to the variation being approved on the basis that the Agreement was not clear as to whether the Stevedoring Industry Award 2020 (the Award) was incorporated into the Agreement.

[5] I do not have power under the Act to vary an Agreement without the consent of the Applicant, and whether or not the Agreement is read in conjunction with the Award does not have any impact on the tests that are required to be conducted when approving the variation of an Agreement.

[6] Whether the Award is incorporated into the Agreement may be an issue for future determination in the Commission.
[7] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 17 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by Flinders Logistics Pty Ltd, trading as Flinders Logistics, seeking to vary the Flinders Logistics Port Adelaide Operations Enterprise Agreement, 2019-2022. The primary issue was whether the proposed changes to the enterprise agreement were justifiable under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with the decision rendered by Commissioner M. F. Jones.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement met the threshold for being considered "in principle" appropriate to assist in achieving a productive workplace relationship. The changes proposed by Flinders Logistics included modifications to shift patterns, penalty rates, and allowances. The respondents, represented by the Maritime Union of Australia, argued that the changes were not warranted and would adversely affect employee conditions. The Commission had to determine if the changes would indeed contribute to a productive workplace relationship, as required by section 235(1)(a) of the Fair Work Act.

In delivering the decision, Commissioner Jones carefully considered the arguments presented by both parties. The Commissioner noted that the changes proposed were aimed at improving operational efficiency and responding to changes in the industry environment, which included increased automation and changes in workforce requirements. The Commissioner found that the changes were necessary to maintain the competitiveness of Flinders Logistics and to adapt to evolving operational needs. The changes were deemed to be in principle appropriate for achieving a productive workplace relationship. Consequently, the application for variation of the enterprise agreement was approved.

The Fair Work Commission made an order approving the variation of the Flinders Logistics Port Adelaide Operations Enterprise Agreement, 2019-2022, effective from the date of the decision. The new terms and conditions, as proposed by Flinders Logistics, were to be implemented as per the approved variation. This decision allowed for the operational changes to be effected, while also ensuring that the interests of the employees were considered within the framework of the Fair Work Act.

Flinders Logistics Pty Ltd T/A Flinders Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established