Flinders Ports Pty Ltd & Flinders Port Management Services Pty Ltd Summary

[2016] FWCA 698

DECISION

Fair Work Act 2009

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

Flinders Ports Pty Ltd; Flinders Port Management Services Pty Ltd

(AG2016/2046)

FLINDERS PORTS AND FLINDERS PORT MANAGEMENT

SERVICES ENTERPRISE AGREEMENT, 2015-2018

Maritime industry

COMMISSIONER HAMPTON

ADELAIDE, 2 FEBRUARY 2016

Application for approval of the Flinders Ports and Flinders Port Management Services

Enterprise Agreement, 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

Flinders Ports and Flinders Port Management Services Enterprise Agreement, 2015-2018

(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the

Act) by Flinders Ports Pty Ltd and Flinders Port Management Services Pty Ltd. The

Agreement is a multi-enterprise agreement.

[2] 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.

[3] The Maritime Union of Australia and The Australian Maritime Officers’ Union, being

bargaining representatives for the Agreement, have given notice under s.183 of the Act that

they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the

Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

9 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flinders Ports Pty Ltd and Flinders Port Management Services Pty Ltd applied for the approval of their multi-enterprise agreement under section 185 of the Fair Work Act 2009. The enterprise agreement, covering the period from 2015 to 2018, was proposed for approval by the Fair Work Commission. The legal issues in this case primarily revolved around whether the enterprise agreement met the statutory requirements for approval, including whether the bargaining representatives had given notice under section 183 of the Act that they wanted the agreement to cover them. Additionally, the court had to determine if the agreement met the criteria set out in sections 186, 187, and 188 of the Act.

The Fair Work Commission, under Commissioner Hampton, found that the enterprise agreement satisfied all the necessary requirements for approval. The Maritime Union of Australia and The Australian Maritime Officers’ Union, acting as bargaining representatives, had indeed given the required notice under section 183 of the Act that they wanted the agreement to cover them. The commission also noted that the agreement was indeed covering the organisations as required under section 201(2) of the Act. The commission concluded that the agreement was eligible for approval and would operate from 9 February 2016, with a nominal expiry date of 30 June 2018.

The Fair Work Commission approved the Flinders Ports and Flinders Port Management Services Enterprise Agreement, 2015-2018, effective from 9 February 2016, and until 30 June 2018. The commission's decision was based on the determination that all statutory requirements for approval were met and the bargaining representatives had given the required notice under section 183 of the Act. The approval ensures that the agreement will be applicable for the specified period, providing a legally binding framework for the employment terms and conditions between the parties involved.

Flinders Ports Pty Ltd & Flinders Port Management Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established