DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Auto, Bulk & General Ports Pty Ltd T/A Patrick Bulk Port Services
(AG2015/5822)

PATRICK BULK PORT SERVICES PORT KEMBLA ENTERPRISE AGREEMENT 2015

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 OCTOBER 2015

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

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

The applicants, Patrick Auto, Bulk & General Ports Pty Ltd trading as Patrick Bulk Port Services, applied to the Fair Work Commission for approval of the Patrick Bulk Port Services Port Kembla Enterprise Agreement 2015. The application arose from a dispute between the applicants and their employees, who were represented by the Maritime Union of Australia. The dispute centred on the terms and conditions of employment under the proposed agreement, particularly those relating to shifts, overtime, and shift loadings.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically if it provided for the minimum entitlements as outlined in the Act and if it was free from any unfair content. The Commission also had to consider the process by which the agreement was negotiated and if it complied with the procedural requirements set out in the Act.

The Commission found that the proposed agreement was consistent with the statutory minimum entitlements and did not contain any unfair content. The process of negotiation was deemed to be fair and in accordance with the procedural requirements of the Act. The Commission was satisfied that the agreement had been made in good faith and that the parties had genuinely negotiated the terms of the agreement. The Commission approved the Patrick Bulk Port Services Port Kembla Enterprise Agreement 2015.

The final orders of the Commission included the approval of the Patrick Bulk Port Services Port Kembla Enterprise Agreement 2015, with the agreement to take effect from the first day of March 2015. The Commission also ordered that the agreement be registered with the Fair Work Commission and that a copy be provided to the relevant parties. The decision was made and communicated to the parties on the 17th of February 2015.

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