DECISION

Fair Work Act 2009
s.185— Application for approval of a single-enterprise agreement

Newcastle Stevedores Pty Ltd
(AG2016/3493)

NEWCASTLE STEVEDORES BULK AND GENERAL ENTERPRISE AGREEMENT 2015

Stevedoring industry
COMMISSIONER SAUNDERS	NEWCASTLE, 19 JULY 2016

Application for approval of the Newcastle Stevedores Bulk and General Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Stevedores Bulk and General Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Maritime 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2016. The nominal expiry date of the Agreement is 10 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicant, Newcastle Stevedores Pty Ltd, sought the Fair Work Commission's approval of the Newcastle Stevedores Bulk and General Agreement 2015. The respondent, the Maritime Union of Australia, opposed the application. The dispute centred around the terms of the proposed agreement, particularly those relating to work arrangements and rosters. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and if it adequately protected the interests of employees. The Commission needed to assess whether the agreement was fair and reasonable, and if it met the standards set out in the Act. This involved examining the provisions related to work arrangements and rosters, and considering whether these provisions were consistent with the overarching principles of the Act.

The Commission found that the proposed agreement was largely compliant with the Fair Work Act, and that it included adequate protections for employees. The Commission noted that the agreement contained provisions for flexible work arrangements and rosters that were fair and reasonable. While acknowledging the union's concerns, the Commission concluded that the agreement was in the best interests of the employees and was therefore fair and reasonable. The Commission approved the application, allowing the agreement to proceed to the next stage of the process.

Newcastle Stevedores Pty Ltd

DECISION

Annexure A:

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established