DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Auto, Bulk & General Ports Pty Ltd
(AG2015/3701)

PATRICK BWL (HENDERSON) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 15 JULY 2015

Application for approval of the Patrick BWL (Henderson) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Patrick BWL (Henderson) 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 Auto, Bulk & General Ports Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

[5] The Agreement was approved on 15 July 2015 and, in accordance with s.54, will operate from 22 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Patrick Auto, Bulk & General Ports Pty Ltd, which sought approval of the Patrick BWL (Henderson) Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to assess whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was appropriately negotiated and whether it complied with the statutory provisions regarding the scope of bargaining and the fairness of the terms.

The Fair Work Commission began by examining the process through which the agreement was negotiated, considering whether the parties had genuinely attempted to negotiate and whether there was any coercion or undue influence. It also assessed the content of the agreement against the criteria set out in the Fair Work Act, including the requirement that the agreement must not be less favourable than the relevant award or the national system of employment. The Commission found that the negotiation process was genuine and the agreement was not less favourable than the relevant award or national employment standards. Furthermore, the Commission considered whether the agreement met the public interest test, which requires that the agreement does not have an adverse effect on the broader community.

The Fair Work Commission concluded that the agreement was appropriately negotiated and met all statutory requirements for approval. The Commission was satisfied that the agreement was not less favourable than the relevant award or national employment standards and that it did not have an adverse effect on the broader community. Consequently, the Commission approved the Patrick BWL (Henderson) Enterprise Agreement 2015.

Patrick Auto, Bulk & General Ports Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established