DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders TBSH Pty Ltd
(AG2019/3014)

TOWNSVILLE BULK STORAGE & HANDLING (TBSH) STEVEDORING ENTERPRISE AGREEMENT 2018-2021

Stevedoring industry
COMMISSIONER PLATT	ADELAIDE, 23 SEPTEMBER 2019

Application for approval of the Townsville Bulk Storage & Handling (TBSH) Stevedoring Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Townsville Bulk Storage & Handling (TBSH) Stevedoring Enterprise Agreement 2018-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Flinders TBSH Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 August 2019. CEPU

[3] On 19 September 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 23 September 2019. The undertaking deals with the following topics:

• The Agreement’s date of commencement is taken to be 7 days after the date of approval.

• The Model Consultation Clause shall replace clause 30 of the Agreement.

• Reference to ‘salaried employees’ in clauses 20.1 and 21 is taken to mean ‘permanent employees’.

• The Applicant provides that grade 6 employees, who are required to undertake duties within the B.7 classification of the Award, shall receive a shift allowance of $135.00 in addition to their grade 6 hourly rates.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any concerns about the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Construction, Forestry, Maritime, Mining and Energy Union (Maritime Union of Australia Division) (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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Flinders TBSH Pty Ltd, the Fair Work Commission (FWC) was presented with an application for approval of the Townsville Bulk Storage & Handling (TBSH) Stevedoring Enterprise Agreement 2018-2021. The applicant, Flinders TBSH Pty Ltd, sought approval of the enterprise agreement, which was negotiated with the Maritime Union of Australia (MUA). The dispute centred on the terms and conditions of employment for the stevedores and the broader stevedoring workforce at the Townsville port facility.

The primary legal issue before the FWC was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions of employment. The FWC also considered whether the agreement complied with the provisions of the Act, including the requirement for genuine bargaining, the protection of employee rights, and the avoidance of unfair discrimination.

In reaching its decision, the FWC examined the evidence and submissions provided by both Flinders TBSH Pty Ltd and the MUA. The FWC noted that the agreement had been the subject of extensive negotiations and was supported by both parties. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The FWC also concluded that the agreement complied with the requirements of the Act and did not unfairly discriminate against any group of employees. Based on these findings, the FWC approved the enterprise agreement.

The FWC's decision to approve the enterprise agreement reflects a careful consideration of the interests of both employers and employees. By confirming the agreement's compliance with the Act, the FWC has provided certainty for the parties involved and ensured that the agreement will govern the terms and conditions of employment for the stevedores and the broader stevedoring workforce at the Townsville port facility.

Flinders TBSH 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