DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Auto, Bulk & General Ports Pty Ltd T/A Patrick Bulk Port Services
(AG2015/5838)

PATRICK BULK PORT SERVICES GLADSTONE ENTERPRISE AGREEMENT 2015

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Patrick Bulk Port Services Gladstone 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

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CaseChat Overview and Summary

In this matter, Patrick Auto, Bulk & General Ports Pty Ltd T/A Patrick Bulk Port Services applied to the Fair Work Commission for the approval of the Patrick Bulk Port Services Gladstone Enterprise Agreement 2015. The application was opposed by the Maritime Union of Australia, which argued that the proposed agreement did not meet the legal requirements for approval under the Fair Work Act 2009. The dispute primarily centred on whether the agreement provided for the appropriate bargaining of terms and conditions of employment and if it adhered to the procedural requirements outlined in the legislation.

The central legal issues that the commission had to resolve involved whether the agreement was genuinely negotiated between the parties and whether it contained all the required terms and conditions of employment as mandated by the Fair Work Act. Additionally, the commission needed to determine whether the agreement complied with the procedural requirements for its approval, including the notification and consultation processes.

In delivering its decision, the commission considered the evidence and submissions provided by both parties. The commission noted that the agreement was the result of a genuine negotiation process and contained all the necessary terms and conditions of employment. The commission found that the procedural requirements were satisfied, including the notification and consultation processes. Accordingly, the commission approved the Patrick Bulk Port Services Gladstone Enterprise Agreement 2015, confirming that it met the statutory requirements for approval under the Fair Work Act.

The final orders of the commission were that the Patrick Bulk Port Services Gladstone Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. This decision provided certainty for both the employer and the employees, ensuring that the terms and conditions of employment were legally recognised and enforceable.

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