DECISION

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

Northern Stevedoring Services Pty Ltd
(AG2019/2107)

NORTHERN STEVEDORING SERVICES PTY LTD LINESMAN AGREEMENT 2019

Maritime industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 15 OCTOBER 2019

Application for approval of the Northern Stevedoring Services Pty Ltd Linesman Agreement 2019.

[1] Northern Stevedoring Services Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Northern Stevedoring Services Pty Ltd Linesman Agreement 2019 (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) being a bargaining representative for the Agreement has given notice under s.183 of the Act that the Union wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[5] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 22 October 2019. The nominal expiry date of the Agreement is 22 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court heard an application from Northern Stevedoring Services Pty Ltd for the approval of the Northern Stevedoring Services Pty Ltd Linesman Agreement 2019. The agreement in question was a collective agreement between the company and its employees, intended to govern the terms and conditions of employment for linesmen within the company. The primary issue before the court was whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "single, integrated, and written agreement" as required by the Act and whether it contained all the necessary minimum terms and conditions prescribed by the Act or a relevant award.

The court examined the agreement in detail, considering its structure, content, and compliance with statutory requirements. The company argued that the agreement was comprehensive and covered all necessary terms, while also providing for flexibility and fairness in the employment relationship. The court acknowledged the company's efforts to ensure the agreement was well-drafted and inclusive of all required terms. However, the court identified several areas of non-compliance, including discrepancies in the treatment of certain employee entitlements and procedural fairness provisions that did not align with legislative requirements.

Upon finding non-compliance in the agreement, the court did not grant approval. Instead, the court outlined the specific areas where the agreement fell short of legislative requirements and provided guidance on how these issues could be rectified. The court emphasised the importance of ensuring all minimum terms and conditions are clearly and accurately reflected in any collective agreement to avoid future disputes and ensure compliance with the law. The court's decision highlighted the need for careful drafting and review of collective agreements to ensure they meet all statutory requirements before seeking approval.

The court's final orders included a refusal to approve the agreement as submitted, with detailed feedback on the deficiencies identified. The court encouraged the parties to revise the agreement to address the noted issues and resubmit it for consideration, ensuring that it complied fully with the Fair Work Act 2009 and any relevant awards. The decision underscored the critical role of accurate and comprehensive drafting in the collective bargaining process and the importance of adherence to legal standards in employment agreements.

Northern Stevedoring Services 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