DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maritime Container Services Pty Ltd T/A Maritime Container Services
(AG2017/879)

MARITIME CONTAINER SERVICES AND THE TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 APRIL 2017

Application for approval of the Maritime Container Services and The Transport Workers Union Enterprise Agreement 2017.

[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 2017 (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 Ltd T/A Maritime Container Services. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maritime Container Services Pty Ltd T/A Maritime Container Services, the applicant, sought approval of the Maritime Container Services and The Transport Workers Union Enterprise Agreement 2017. The Transport Workers Union was the respondent. The dispute arose under the Fair Work Act 2009, specifically in relation to the approval of an enterprise agreement. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. This included whether the agreement contained the necessary minimum terms and conditions and whether it was consistent with the general protections provisions of the Act. The Commission also had to consider whether the agreement had been made in good faith and whether it was free from any improper influence or pressure.

The Commission found that the agreement met all the criteria for approval. It contained the required minimum terms and conditions and did not contravene the general protections provisions of the Act. The Commission was satisfied that the agreement had been made in good faith and was free from any improper influence or pressure. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and dispute resolution. The Commission approved the enterprise agreement, stating that it would provide for the fair and equitable treatment of employees.

The Fair Work Commission approved the Maritime Container Services and The Transport Workers Union Enterprise Agreement 2017, finding it met all the legal requirements for approval under the Fair Work Act 2009. The agreement was deemed to provide fair and reasonable terms and conditions of employment, including provisions for wages, leave, and dispute resolution. The Commission's approval of the agreement ensures that it will be binding on the parties and enforceable under the Act.

Maritime Container Services Pty Ltd 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