DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maritime Container Services Pty Limited T/A Maritime Container Services
(AG2020/2148)

MARITIME CONTAINER SERVICES AND THE TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 20 AUGUST 2020

Application for approval of the Maritime Container Services and The Transport Workers Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Maritime Container Services and The Transport Workers Union Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maritime Container Services Pty Limited T/A Maritime Container Services. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Maritime Container Services Pty Limited, trading as Maritime Container Services, and The Transport Workers Union Enterprise Agreement 2019 were the subject of an application before the Fair Work Commission. The application sought approval of the enterprise agreement, which had been negotiated between the employer and the union. The dispute arose from disagreements between the parties over certain provisions within the agreement, specifically relating to the classification of employees and the associated remuneration.

The legal issues before the commission included whether the agreement complied with the Fair Work Act 2009 and if it provided fair and reasonable terms and conditions for employees. Central to the dispute was the classification of roles within the enterprise, with the employer contending that certain classifications were overly generous, while the union argued that the classifications were necessary to adequately reflect the skills and responsibilities of the employees.

The commission carefully examined the terms of the agreement against the statutory requirements. It considered the balance of the agreement, taking into account the nature of the work and the roles of the employees. The commission concluded that, while some provisions were contentious, the overall agreement provided fair and reasonable terms and conditions. It found that the classification of roles was necessary to appropriately recognise the skills and duties of the employees, and thus approved the agreement. The commission's decision was grounded in a detailed analysis of the evidence presented and a consideration of the broader principles of fairness in industrial relations.

Maritime Container Services Pty Limited T/A Maritime Container Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established