DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Auto, Bulk & General Ports Pty Ltd T/A Patrick Bulk Port Services
(AG2015/5828)

PATRICK BULK PORT SERVICES GEELONG ENTERPRISE AGREEMENT 2015

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Patrick Bulk Port Services Geelong 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 case, the Fair Work Commission was asked to approve an enterprise agreement proposed by Patrick Auto, Bulk & General Ports Pty Ltd trading as Patrick Bulk Port Services. The dispute involved the terms and conditions of employment for workers at the Geelong port, as outlined in the Patrick Bulk Port Services Geelong Enterprise Agreement 2015. The application was made by the employer, and the Maritime Union of Australia was the relevant union involved in the negotiations of the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved determining if the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, hours of work, leave entitlements, and other employment-related matters. Additionally, the Commission had to consider whether the agreement had been negotiated in good faith and if it met the "better off overall test," ensuring that employees were not worse off under the new agreement.

The Fair Work Commission found that the proposed enterprise agreement did meet the necessary criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate minimum rates of pay, appropriate hours of work, and sufficient leave entitlements. The Commission was satisfied that the agreement had been negotiated in good faith and that employees would be better off overall under the new agreement. Therefore, the Commission approved the Patrick Bulk Port Services Geelong Enterprise Agreement 2015.

The final orders of the Fair Work Commission were that the Patrick Bulk Port Services Geelong Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would apply to the employees covered by the agreement, providing them with the terms and conditions outlined in the approved document.

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