Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT Summary

[2022] FWCA 601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT

(AG2022/96)

MIRRAT Enterprise Agreement 2022

Stevedoring industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 FEBRUARY 2022

Application for approval of the MIRRAT Enterprise Agreement 2022

Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT (the Applicant) has made an application for approval of an enterprise agreement known as the MIRRAT Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 14 February 2022.

On 14 January 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

· Confirmation was sought as to the correct date voting commenced, to be satisfied legislated time frames as prescribed by s.180 (3) of the Act were met.
· Clarification was sought as to the correct definition of shiftworker and the correct Award reference that contains the shiftworker definition that applies to the Agreement.
· Parties were notified that should the Agreement be approved, the deduction contained at clause 15.2 may be unenforceable.
· Clauses 16.1 and 16.7 relating to redundancy may be inconsistent with the National Employment Standards.

The Applicant has submitted undertakings in the required form dated 15 February 2022. The undertaking deals with the following topics:

· Clarified that the correct shiftworker definition is contained at section 2, clause 13.3 of the Award.
· The Applicant has inserted a National Employment Standards (NES) precedence clause.

A copy of the undertakings have been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertakings.

The undertakings appear to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union, 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Melbourne International RoRo & Auto Terminal Pty Ltd, trading as MIRRAT, for approval of the MIRRAT Enterprise Agreement 2022. The application was made under section 234 of the Fair Work Act 2009, and the Fair Work Commission was required to determine whether the agreement should be approved as a registered agreement. The dispute centred on the terms of the proposed enterprise agreement and whether they complied with the statutory requirements for registration, including the provisions related to the classification of employees and the terms of their employment.

The legal issues before the Commission were whether the proposed agreement met the criteria for registration under the Fair Work Act and whether the agreement provided for the classification of employees and terms of employment in a manner that complied with the Act. The Commission was required to consider whether the agreement was in the best interests of the employees and whether it provided for the resolution of disputes in a fair and effective manner. The Commission also needed to determine whether the agreement provided for the protection of employees' rights and interests and whether it complied with the principles of enterprise bargaining.

The Fair Work Commission found that the proposed agreement met the criteria for registration under the Fair Work Act. The Commission was satisfied that the agreement provided for the classification of employees and terms of employment in a manner that complied with the Act and that it provided for the resolution of disputes in a fair and effective manner. The Commission was also satisfied that the agreement provided for the protection of employees' rights and interests and that it complied with the principles of enterprise bargaining. The Commission approved the MIRRAT Enterprise Agreement 2022 as a registered agreement under section 179 of the Fair Work Act.

The Fair Work Commission approved the MIRRAT Enterprise Agreement 2022 as a registered agreement. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement. The employees and employers will be bound by the terms of the agreement, and any disputes arising under the agreement will be resolved in accordance with the dispute resolution provisions contained in the agreement. The approval of the agreement provides certainty and stability to the parties and ensures that the employees are protected by the terms of a registered agreement.

Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established