DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Auto, Bulk & General Ports Pty Ltd T/A Patrick Bulk Port Services
(AG2015/5825)

PATRICK BULK PORT SERVICES BRISBANE ENTERPRISE AGREEMENT 2015

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Patrick Bulk Port Services Brisbane 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 the Fair Work Commission, the matter involved Patrick Auto, Bulk & General Ports Pty Ltd, trading as Patrick Bulk Port Services, and the Maritime Officers' Association of Australia. The dispute centred on the approval of the Patrick Bulk Port Services Brisbane Enterprise Agreement 2015. The Maritime Officers' Association of Australia sought the Commission's approval of the agreement, which was proposed to govern the employment terms and conditions of Patrick Bulk Port Services' Brisbane employees. The application was made pursuant to section 230 of the Fair Work Act 2009, and the legal issues before the Commission were whether the agreement met the criteria for approval under the Act, including whether it provided for the minimum terms and conditions of employment and whether it was free from provisions that were contrary to public policy.

The Commission considered various aspects of the agreement, including the classification of employees, the payment of wages and penalties, and the provisions related to termination and redundancy. The Commission noted that the agreement provided for the minimum terms and conditions of employment as required by the Fair Work Act, and that it did not contain any provisions that were contrary to public policy. The Commission also considered the process by which the agreement was negotiated and the extent to which the parties had made genuine efforts to reach an agreement. The Commission found that the agreement had been negotiated in good faith and that it met the requirements for approval under the Act.

Accordingly, the Commission approved the Patrick Bulk Port Services Brisbane Enterprise Agreement 2015, subject to certain minor modifications. The modifications related to the calculation of shift penalties and the provision of paid annual leave. The Commission considered that these modifications were necessary to ensure that the agreement complied with the Fair Work Act and to avoid any potential unfairness to employees. The Commission also noted that the modifications were minor and did not significantly alter the overall effect of the agreement. The Commission's decision was based on a careful consideration of the evidence and arguments presented by the parties, and it reflected the Commission's role in promoting fair and effective industrial relations outcomes.

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