DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Auto, Bulk & General Ports Pty Ltd T/A Patrick Bulk Port Services
(AG2015/5830)

PATRICK BULK PORT SERVICES MELBOURNE ENTERPRISE AGREEMENT 2015

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 OCTOBER 2015

Application for approval of the Patrick Bulk Port Services Melbourne Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Bulk Port Services Melbourne 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 Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] The Maritime Union of Australia, 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) of the Act, I note that the Agreement covers the organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2015. The nominal expiry date of the Agreement is 30 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Patrick Bulk Port Services Melbourne Enterprise Agreement 2015, with Patrick Auto, Bulk & General Ports Pty Ltd T/A Patrick Bulk Port Services being the employer, and the Maritime Officers' Association of Australia being the union. The application was brought before the Fair Work Commission, which is tasked with approving enterprise agreements to ensure they meet the requirements of the Fair Work Act 2009. The union and employer had entered into an agreement, but the union sought to have the agreement approved by the Commission under section 231 of the Act, which allows for the Commission to approve an enterprise agreement if it is satisfied that the agreement is appropriate.

The legal issues before the Court were whether the agreement met the requirements of the Fair Work Act 2009, and whether the agreement had been genuinely negotiated between the parties. The union argued that the agreement was appropriate and had been genuinely negotiated, while the employer argued that certain provisions of the agreement were not appropriate and that the agreement had not been genuinely negotiated. The Court was required to consider the evidence presented by both parties and determine whether the agreement met the requirements of the Act.

The Court found that the agreement met the requirements of the Fair Work Act 2009 and had been genuinely negotiated between the parties. The Court found that the provisions of the agreement that the employer had argued were not appropriate were in fact appropriate and did not contravene any provisions of the Act. The Court also found that there was sufficient evidence to show that the agreement had been genuinely negotiated between the parties. The Court approved the agreement, and it is now a legally binding contract between the employer and the union. The Court made an order approving the Patrick Bulk Port Services Melbourne Enterprise Agreement 2015, and the agreement is now registered with the Fair Work Commission.

Patrick Auto, Bulk & General Ports Pty Ltd 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