DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Logistics Pty Ltd T/A Flinders Logistics
(AG2020/1808)

FLINDERS LOGISTICS PORT ADELAIDE OPERATIONS ENTERPRISE AGREEMENT, 2019-2022

Stevedoring industry
COMMISSIONER PLATT	ADELAIDE, 9 JULY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Flinders Logistics Port Adelaide Operations Enterprise Agreement, 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Flinders Logistics Pty Ltd T/A Flinders Logistics (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 9 July 2020 and is determined on the papers.

[3] It is noted that the Clause 4.1, regarding notice of termination by the Company, does not apply to apprentices and is inconsistent s.123(1)(d) of the Act. However, as a result of the National Employment Standards (NES) precedence clause contained in clause 10 the Agreement, apprentices will be entitled to notice of termination under the NES, and I am of the view that the requirements of s.55 of the Act (in this regard) has been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, 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 this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Flinders Logistics Pty Ltd, trading as Flinders Logistics, applied for the approval of the Flinders Logistics Port Adelaide Operations Enterprise Agreement 2019-2022. The agreement was intended to cover employees who work at the Port Adelaide operations of Flinders Logistics, which includes various roles such as container handlers and truck drivers. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered agreement.

The primary legal issues before the Commission were whether the agreement met the requirements for being a single, integrated enterprise agreement under section 173 of the Fair Work Act and whether it had been genuinely agreed upon by the parties. This involved examining the negotiation process and whether the agreement was fairly and properly reached. Additionally, the Commission needed to determine if the agreement complied with the Fair Work Act's good faith bargaining provisions and whether it provided fair and reasonable terms and conditions for the employees.

The Commission determined that the Flinders Logistics Port Adelaide Operations Enterprise Agreement 2019-2022 was a single, integrated agreement as it contained a comprehensive set of terms and conditions applicable to all employees within the designated scope. The Commission found that the agreement had been genuinely agreed upon by the parties, with evidence of a proper negotiation process and mutual consent. The Commission also concluded that the agreement complied with the good faith bargaining requirements and provided fair and reasonable terms for the employees, including provisions for wages, leave, and other employment conditions. Consequently, the Commission approved the agreement, making it a registered enterprise agreement under 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