Northern Stevedoring Services Pty Ltd Summary

[2014] FWCA 8084

FAIR WORK COMMISSION

DECISION

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

Northern Stevedoring Services Pty Ltd
(AG2014/9552)

NORTHERN STEVEDORING SERVICES PTY LTD LINESMAN AGREEMENT 2014

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 13 NOVEMBER 2014

Application for approval of the Northern Stevedoring Services Pty Ltd Linesman Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Northern Stevedoring Services Pty Ltd Linesman Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Stevedoring Services Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 17 October 2014. The application included a Statutory Declaration of David King made on behalf of the Employer and dated 13 October 2014 (the Declaration). The Declaration stated that the Agreement was made on 7 October 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 13 November 2014. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 2.7 and a consultation term at clause 3.2.

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

[7] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 20 November 2014. The nominal expiry date of the Agreement as specified in clause 2.4.1 of the Agreement, is 1 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

Northern Stevedoring Services Pty Ltd applied to the Fair Work Commission for approval of the Northern Stevedoring Services Pty Ltd Linesman Agreement 2014. The application was made under section 234 of the Fair Work Act 2009. The applicant, Northern Stevedoring Services Pty Ltd, is a stevedoring company operating at the Port of Brisbane, and the agreement in question covers its linesmen employees. The dispute arose from negotiations between the company and its employees represented by the Maritime Union of Australia, regarding terms and conditions of employment.

The primary legal issues before the Commission were whether the proposed agreement provided for a fair and reasonable standard of employment for the linesmen, and if it complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission considered factors such as the agreement's compliance with the minimum entitlements, the fairness of the proposed terms and conditions, and whether the agreement was genuinely negotiated.

The Commission found that the proposed agreement provided for a fair and reasonable standard of employment for the linesmen and was genuinely negotiated. The agreement complied with the minimum entitlements prescribed by the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission also found that the proposed agreement did not undermine the ability of employees to exercise their rights under the Fair Work Act 2009 and that it was in the public interest to approve the agreement. Consequently, the Commission approved the Northern Stevedoring Services Pty Ltd Linesman Agreement 2014.

Northern Stevedoring Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established