DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Auto, Bulk and General Ports Pty Limited
(AG2015/340)

PATRICK BULK AND GENERAL PORTS NEWCASTLE (TWU) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 26 MARCH 2015

Application for approval of the Patrick Bulk and General Ports Newcastle (TWU) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Bulk and General Ports Newcastle (TWU) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Patrick Auto, Bulk and General Ports Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 25 March 2015 undertakings were provided by Mr M Vitlich (Director Patrick Bulk & Automotive Port Services) in relation to clause 20 (Consultation and Change) and clause 30 (Redundancy) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 14 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Patrick Auto, Bulk and General Ports Pty Limited applied to the Fair Work Commission for approval of the Patrick Bulk and General Ports Newcastle (TWU) Enterprise Agreement 2015. The Australian Council of Trade Unions and the Transport Workers Union opposed the application, contending that the agreement did not meet the statutory requirements for approval. The crux of the dispute lay in the interpretation and application of sections 227 and 230 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions, including whether it adequately covered employees' pay and conditions, and whether it had been genuinely negotiated in accordance with the relevant provisions of the Act.

The Commission considered the submissions and evidence provided by both parties. It examined whether the agreement met the threshold criteria for approval, including the requirement that it be fairly negotiated and cover all necessary terms and conditions. The Commission found that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions. It also determined that the agreement had been made in accordance with the process outlined in the Act. The Commission was satisfied that the agreement met the statutory requirements for approval.

Accordingly, the Commission approved the Patrick Bulk and General Ports Newcastle (TWU) Enterprise Agreement 2015. The Commission's decision was based on its finding that the agreement was fairly negotiated and provided for fair and reasonable terms and conditions. The opposition's objections were dismissed, and the agreement was approved.

Patrick Auto, Bulk and General Ports Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established