DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Auto, Bulk & General Ports Pty Ltd T/A Patrick Bulk Port Services
(AG2015/5823)

PATRICK BULK PORT SERVICES FREMANTLE ENTERPRISE AGREEMENT 2015

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Patrick Bulk Port Services Fremantle 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 before the Fair Work Commission involved Patrick Auto, Bulk & General Ports Pty Ltd, trading as Patrick Bulk Port Services, which sought approval of the Patrick Bulk Port Services Fremantle Enterprise Agreement 2015. The agreement was put forward to cover the employees working at the Fremantle Bulk Terminal. The Commission was tasked with ensuring that the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Court centred on whether the enterprise agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Specifically, the Court needed to consider if the agreement was made in good faith, if the necessary procedural steps were followed, and whether the terms of the agreement were fair and reasonable. The Court also needed to assess if the agreement met the "better off overall test", which required that no employee would be worse off and at least one employee would be better off under the new agreement.

In delivering its decision, the Commission examined the evidence and submissions provided by the parties. The Commission found that the agreement was made in good faith and that the necessary procedural steps had been followed. The terms of the agreement were deemed fair and reasonable, and the better off overall test was met. The Commission also noted the significant changes in the industry and the need for the agreement to be responsive to these changes. The agreement was approved, recognising the need for flexibility and adaptability in the workplace to meet the demands of the industry.

The final orders of the Court were that the Patrick Bulk Port Services Fremantle Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. This decision provided clarity and certainty for both the employer and the employees, allowing them to move forward with the terms of the agreement in good faith.

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