DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Patrick Container Ports Pty Ltd
(AG2015/2892)

PATRICK PORT LOGISTICS (FREMANTLE) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 10 JUNE 2015

Application for approval of the Patrick Port Logistics (Fremantle) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Port Logistics (Fremantle) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Patrick Container Ports Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 17 June 2015. The nominal expiry date is 28 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Patrick Container Ports Pty Ltd applied for approval of the Patrick Port Logistics (Fremantle) Enterprise Agreement 2015. The applicant sought to have the enterprise agreement registered under the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The primary legal issue was whether the enterprise agreement complied with the statutory requirements of the Fair Work Act. Specifically, the applicant needed to demonstrate that the agreement had been fairly negotiated and that it met the conditions for registration, including the provision of genuine employee representation. The Commission also considered whether the agreement provided for appropriate minimum terms and conditions of employment.

The Fair Work Commission determined that the enterprise agreement was fairly negotiated and met the statutory requirements for registration. The Commission found that the agreement provided for appropriate minimum terms and conditions of employment, including provisions for wages, hours of work, and leave. The Commission was satisfied that the agreement was in the best interests of the employees, considering the overall benefits and protections it provided.

The Fair Work Commission approved the Patrick Port Logistics (Fremantle) Enterprise Agreement 2015 for registration under the Fair Work Act 2009. The agreement was registered, and the applicant was authorised to give effect to the terms and conditions outlined in the agreement.

Patrick Container Ports 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