DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Container Port Pty Ltd
(AG2015/1697)

PATRICK LOGISTICS (FISHERMAN ISLANDS) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 9 FEBRUARY 2015

Application for approval of the Patrick Logistics (Fisherman Islands) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Logistics (Fisherman Islands) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Patrick Container Port Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2015. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Patrick Container Port Pty Ltd applied to the Fair Work Commission (FWC) for the approval of the Patrick Logistics (Fisherman Islands) Enterprise Agreement 2014. The applicant sought to have the agreement registered by the Commission as a registered agreement under the Fair Work Act 2009. The dispute centred around the terms of the agreement, which was entered into between the applicant and its employees represented by the Maritime Union of Australia.

The legal issues the Commission needed to decide were whether the agreement met the requirements for approval under section 233 of the Fair Work Act, including whether the agreement was made in good faith and whether it contained the necessary minimum terms. Additionally, the Commission needed to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009, particularly in terms of the proper representation of the employees.

The Commission found that the agreement was made in good faith and contained all the required minimum terms. It also found that the union was a registered organisation for the purposes of the Fair Work (Registered Organisations) Act, and that the agreement was properly made with the union's representation of the employees. The Commission was satisfied that the agreement met the criteria for approval and granted the application for registration.

The final orders of the Commission were that the Patrick Logistics (Fisherman Islands) Enterprise Agreement 2014 be approved and registered as a registered agreement under the Fair Work Act, effective from the date of the Commission's decision. The agreement was to be registered in the Register of Approved Agreements, and the applicant was directed to provide a copy of the registered agreement to the Commission within 14 days of the decision.

Patrick Container Port Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established