DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Stevedores Pty Ltd T/A Newcastle Stevedores
(AG2020/1842)

NEWCASTLE STEVEDORES BULK AND GENERAL ENTERPRISE AGREEMENT 2019

Stevedoring industry
COMMISSIONER WILLIAMS	PERTH, 24 JULY 2020

Application for approval of the Newcastle Stevedores Bulk and General Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Stevedores Bulk and General 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 Newcastle Stevedores Pty Ltd T/A Newcastle Stevedores. The Agreement is a single enterprise agreement.

[2] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2020. The nominal expiry date of the Agreement is 10 September 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Newcastle Stevedores Pty Ltd T/A Newcastle Stevedores recently came before the Fair Work Commission, where the matter of approving the Newcastle Stevedores Bulk and General Enterprise Agreement 2019 was considered. The dispute arose in the context of the Fair Work Act 2009, with the applicant seeking formal approval of the enterprise agreement to ensure compliance with relevant legislative standards. The Commission was tasked with assessing the agreement's fairness and compliance with the requirements of the Act.

The central legal issues revolved around the fairness of the terms and conditions outlined in the enterprise agreement. The Commission had to determine whether the agreement met the necessary criteria for approval, including whether it provided for fair remuneration, reasonable working hours, and appropriate protections for employees. Additionally, the Commission needed to ensure that the agreement did not contravene any statutory provisions and was consistent with the broader principles of the Fair Work Act.

In its decision, the Commission meticulously examined the provisions of the agreement. It considered the submissions made by both the employer and the employees' representatives, as well as any relevant evidence provided. The Commission determined that the enterprise agreement was fair and met all the necessary legal requirements for approval. It highlighted that the agreement provided for reasonable terms and conditions of employment and did not breach any provisions of the Fair Work Act. Consequently, the Commission approved the Newcastle Stevedores Bulk and General Enterprise Agreement 2019, ensuring its compliance with the statutory framework.

Newcastle Stevedores Pty Ltd T/A Newcastle Stevedores

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established