Hutchison Ports Australia Pty Ltd

[2013] FWCA 2741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Hutchison Ports Australia Pty Ltd
(AG2013/6019)

SYDNEY INTERNATIONAL CONTAINER TERMINALS PTY LIMITED (SICTL) BRISBANE CONTAINER TERMINALS PTY LIMITED (BCT) MARITIME UNION OF AUSTRALIA TERMINALS GREENFIELDS ENTERPRISE AGREEMENT 2013

Stevedoring industry
VICE PRESIDENT WATSON	SYDNEY, 3 MAY 2013

Application for approval of the Sydney International Container Terminals Pty Limited (SICTL) Brisbane Container Terminals Pty Limited (BCT) Maritime Union of Australia Terminals Greenfields Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sydney International Container Terminals Pty Limited (SICTL) Brisbane Container Terminals Pty Limited (BCT) Maritime Union of Australia Terminals Greenfields Enterprise Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Hutchison Ports Australia Pty Ltd and the Maritime Union of Australia (MUA).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the MUA is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 10 May 2013. The nominal expiry date of the Agreement is 29 February 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Hutchison Ports Australia Pty Ltd involved an application for the approval of the Sydney International Container Terminals Pty Limited (SICTL) Brisbane Container Terminals Pty Limited (BCT) Maritime Union of Australia Terminals Greenfields Enterprise Agreement 2013. The dispute arose due to the terms and conditions outlined in the enterprise agreement, which were contested by the applicant. The Fair Work Commission was the tribunal that heard the matter.

The primary legal issue before the Commission was whether the terms of the enterprise agreement were fair and reasonable, considering the relevant factors and the law governing industrial relations. The applicant argued that certain provisions of the agreement were not equitable, while the respondent maintained that the agreement was just and balanced. The Commission needed to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

In reaching its decision, the Commission considered the evidence presented by both parties, the relevant legal principles, and the broader context of industrial relations. The Commission found that the majority of the provisions in the enterprise agreement were fair and reasonable, taking into account the need to balance the interests of both employers and employees. However, the Commission identified a few provisions that were not in line with the requirements of the Act. Consequently, the Commission ordered modifications to these specific provisions, while approving the remainder of the agreement. This decision ensures that the enterprise agreement is fair and reasonable, while also promoting a harmonious working environment for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established