DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne International RoRo & Automotive Terminal T/A Melbourne International RoRo & Automotive Terminal Pty Ltd
(AG2019/1835)

MIRRAT ENTERPRISE AGREEMENT 2018

Stevedoring industry
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2019

Application for approval of the MIRRAT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MIRRAT Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne International RoRo & Automotive Terminal T/A Melbourne International RoRo & Automotive Terminal Pty Ltd. 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.

[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 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) 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 4 July 2019. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Melbourne International RoRo & Automotive Terminal T/A Melbourne International RoRo & Automotive Terminal Pty Ltd, the application for approval of the MIRRAT Enterprise Agreement 2018 was brought before the Fair Work Commission. The applicant sought approval of the proposed enterprise agreement which aimed to govern the terms and conditions of employment for certain employees of the respondent. The application followed a series of negotiations and consultations between the applicant and the respondent's employees, who were represented by a union.

The legal issues that the Commission was required to decide centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically the requirements for good faith bargaining, the provision of full particulars, and the necessity that the agreement provide for the protection of employees' interests. Additionally, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other conditions that are not less favourable than the applicable awards or the general industrial award.

The Commission deliberated on the evidence presented, including the submissions from both parties, and examined the content of the proposed agreement against the statutory requirements. The Commission found that the agreement was the product of genuine and meaningful bargaining, and that it contained full particulars. It was also determined that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the workplace. The Commission concluded that the proposed agreement met all the necessary criteria and approved the MIRRAT Enterprise Agreement 2018.

As a result of the approval, the agreement will now govern the employment conditions for the relevant employees, providing a framework for their wages, hours of work, and other terms and conditions. The approval ensures that the agreement is legally binding and enforceable, protecting the interests of both the employees and the employer.

Melbourne International RoRo & Automotive Terminal T/A Melbourne International RoRo & Automotive Terminal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established