DECISION

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

Patrick Auto, Bulk and General Ports Pty Limited T/A Patrick Bulk Port Services
(AG2016/3438)

PATRICK BULK PORT SERVICES WESTERNPORT ENTERPRISE AGREEMENT 2016

Stevedoring industry
VICE PRESIDENT WATSON	MELBOURNE, 24 JUNE 2016

Application for approval of the Patrick Bulk Port Services Westernport Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Patrick Bulk Port Services Westernport Enterprise Agreement 2016 (Agreement). The application was made by Patrick Auto, Bulk and General Ports Pty Limited T/A Patrick Bulk Port Services pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss. 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Maritime Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the Maritime Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2016. The nominal expiry date of the Agreement is 30 April 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Patrick Bulk Port Services Westernport Enterprise Agreement 2016. The applicant, Patrick Auto, Bulk and General Ports Pty Limited trading as Patrick Bulk Port Services, sought approval of the agreement which was negotiated with the Maritime Union of Australia. The agreement, if approved, would govern the employment terms and conditions of Patrick Bulk Port Services’ employees at Westernport. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission examined whether the agreement was made in good faith and whether the process of making the agreement complied with the Act. Substantively, the Commission had to determine if the agreement included terms that were fair and reasonable in all respects. This involved considering the balance of rights and obligations, the fairness of the terms, and whether the agreement provided for adequate mechanisms for dispute resolution.

The Commission found that the agreement was made in good faith and that the process of making the agreement was compliant with the Act. It considered the submissions and evidence from both parties, including the provisions of the agreement, the bargaining context, and the nature of the bargaining. The Commission concluded that the agreement contained terms that were fair and reasonable, taking into account the industry context and the bargaining power of the parties. The agreement was deemed to provide adequate mechanisms for dispute resolution and to strike a fair balance between the interests of the employer and the employees.

The Fair Work Commission approved the Patrick Bulk Port Services Westernport Enterprise Agreement 2016, determining that it met the necessary criteria under the Fair Work Act. The approval was effective from the date of the decision, and the agreement would govern the employment terms and conditions for the employees of Patrick Bulk Port Services at Westernport.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established