DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Auto, Bulk and General Ports Pty Limited T/A Patrick Bulk Port Services
(AG2016/5894)

PATRICK DARWIN DEPOT COLLECTIVE AGREEMENT 2016

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Employee Collective Agreement Darwin Depot 2016.

[1] An application has been made for approval of an enterprise agreement known as the Employee Collective Agreement Darwin Depot 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Patrick Auto, Bulk and General Ports Pty Limited T/A Patrick Bulk Port Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 17 November 2016. The nominal expiry date of the Agreement is 9 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Patrick Auto, Bulk and General Ports Pty Limited, trading as Patrick Bulk Port Services, seeking approval of an Employee Collective Agreement for the Darwin Depot. The matter was heard in the Fair Work Commission. The applicant sought the Commission's approval for the agreement, which was made under section 234 of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms of the Employee Collective Agreement were in compliance with the statutory requirements set forth in the Fair Work Act. Specifically, the Commission had to assess whether the agreement met the necessary standards for approval, including ensuring it did not adversely affect the employees' general conditions of employment or workplace relations. The Commission also needed to consider if the agreement was made in good faith and whether it included necessary provisions for workplace health and safety.

In its reasoning, the Commission reviewed the provisions of the agreement against the legislative criteria. The Commission found that the agreement did not contain any terms that would unjustifiably diminish the employees' general conditions of employment. It also found that the agreement was made in good faith and included adequate provisions for workplace health and safety. Consequently, the Commission determined that the agreement was compliant with the Fair Work Act and approved it. The decision was made considering the balance of interests between the employer and the employees, ensuring that the agreement fostered a fair and productive workplace environment.

The final order of the Commission was the approval of the Employee Collective Agreement Darwin Depot 2016, subject to the terms and conditions outlined in the agreement. The decision was made to facilitate a fair and efficient working relationship between Patrick Bulk Port Services and its employees.

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