Goodman Fielder Consumer Foods Pty Limited Summary

[2014] FWCA 6206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P&O Maritime Services Pty Ltd
(AG2014/6906)

P&O MARITIME INSHORE ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CRIBB	MELBOURNE, 8 SEPTEMBER 2014

Application for approval of the P&O Maritime Inshore Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the P&O Maritime Inshore Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P&O Maritime Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to the Agreement and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved in Chambers on 8 September 2014 and, in accordance with s.54 of the Act, will operate from 15 September 2014. The nominal expiry date of the Agreement is 7 September 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Goodman Fielder Consumer Foods Pty Limited, the Fair Work Commission was presented with an application for the approval of the P&O Maritime Inshore Enterprise Agreement 2014. The application arose from negotiations between the employer, Goodman Fielder Consumer Foods Pty Limited, and the maritime union, which sought to establish terms and conditions for its members employed in inshore maritime operations. The legal issues before the Commission involved assessing whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the criteria for being a "single, clear, and complete" agreement as required by the Act.

The Commission examined various aspects of the agreement, including the definition of the bargaining unit, the coverage of the agreement, and the provisions regarding wages, hours of work, and other employment conditions. It was crucial to ensure that the agreement was comprehensive and did not unfairly discriminate against any class of employees. Additionally, the Commission considered whether the agreement provided adequate protections for employees and whether it was consistent with the broader objectives of the Fair Work Act, such as promoting higher wages and better working conditions.

Upon review, the Commission determined that the agreement largely met the necessary requirements. The definition of the bargaining unit was deemed appropriate, and the coverage of the agreement was found to be clear and comprehensive. While some minor issues were identified, they did not detract significantly from the overall fairness and effectiveness of the agreement. Consequently, the Commission approved the P&O Maritime Inshore Enterprise Agreement 2014, subject to certain conditions and clarifications that addressed the identified concerns. This decision ensured that the agreement would provide a fair and equitable framework for the employment of inshore maritime workers under the terms negotiated by the parties.

Goodman Fielder Consumer Foods Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established