Patrick Auto, Bulk and General Ports Pty Limited

[2016] FWCA 1784

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Patrick Auto, Bulk and General Ports Pty Limited T/A Patrick Bulk Port

Services

(AG2016/2433)

PATRICK PORTS HASTINGS ENTERPRISE AGREEMENT 2015

Port authorities

DEPUTY PRESIDENT BOOTH

SYDNEY, 21 MARCH 2016

Application for approval of the Patrick Ports Hastings Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Patrick Ports Hastings Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Patrick Bulk

Port Services. The agreement is a single-enterprise agreement.

[2] The Australian Maritime Officers Union, being a bargaining representative for the

Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover

them. In accordance with s.201(2) of the Act, I note that the Agreement covers the

organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

28 March 2016. The nominal expiry date of the Agreement is 4 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Patrick Ports Hastings Enterprise Agreement 2015. The applicant, Patrick Bulk Port Services, sought approval for the agreement under section 185 of the Fair Work Act 2009. The Australian Maritime Officers Union, acting as a bargaining representative, also notified the Commission of its desire for the agreement to cover its members. The Deputy President, Booth, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue for the court was to determine if the enterprise agreement met the requirements set forth in sections 186, 187, and 188 of the Fair Work Act 2009. Specifically, the court had to ascertain whether the agreement contained all the necessary provisions, was free from prohibited content, and had been made in good faith. Additionally, the court needed to confirm that the agreement had been fairly negotiated and that any bargaining had been done in accordance with the provisions of the Act.

After careful consideration, the Deputy President concluded that the agreement met all the requirements for approval under the Fair Work Act. The court was satisfied that the agreement contained all the necessary provisions and was free from prohibited content. Furthermore, the court determined that the agreement had been made in good faith and fairly negotiated, and that all bargaining had been conducted in accordance with the Act. Consequently, the court approved the agreement, which will operate from 28 March 2016, with a nominal expiry date of 4 December 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established