DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interport Contracting Pty Ltd T/A Interport Property Holdings
(AG2016/1797)

INTERPORT CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 12 AUGUST 2016

Application for approval of the Interport Contracting Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Interport Contracting Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interport Contracting Pty Ltd T/A Interport Property Holdings. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2016. The nominal expiry date of the Agreement is 11 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Interport Contracting Pty Ltd, trading as Interport Property Holdings, applied to the Fair Work Commission for approval of the Interport Contracting Pty Ltd Enterprise Agreement 2015. The application was opposed by the Finance Sector Union of Australia. The nature of the dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, the tribunal responsible for regulating enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory provisions of the Fair Work Act, particularly focusing on provisions related to minimum wages, penalty rates, and the process for making the agreement. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and if the necessary consultation had occurred as required by the Act. Another issue was whether the agreement adequately protected the interests of the employees and whether it was in the best interests of the enterprise.

The Commission examined the details of the proposed agreement, considering the arguments from both parties. It found that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum wages and penalty rates. The Commission was satisfied that the necessary consultation had occurred and that the agreement was in the best interests of the enterprise. It concluded that the proposed agreement met the legal requirements for approval under the Fair Work Act. Therefore, the Commission approved the Interport Contracting Pty Ltd Enterprise Agreement 2015.

The Fair Work Commission approved the Interport Contracting Pty Ltd Enterprise Agreement 2015, finding that it met all the legal requirements under the Fair Work Act. The decision was based on the Commission's determination that the agreement provided fair and reasonable terms and conditions of employment and that the necessary consultation had taken place. The Commission's approval was a significant outcome for Interport Contracting Pty Ltd, allowing the enterprise agreement to come into effect as intended.

Interport Contracting Pty Ltd T/A Interport Property Holdings

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established