DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Container Ports Pty Ltd
(AG2014/11070)

PATRICK LOGISTICS (PORT SERVICES NSW) AND TWU ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 27 JANUARY 2015

Application for approval of the Patrick Logistics (Port Services NSW) and TWU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Logistics (Port Services NSW) and TWU Enterprise Agreement 2014 (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 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 3 February 2015. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Patrick Container Ports Pty Ltd brought an application in the Fair Work Commission seeking approval of the Patrick Logistics (Port Services NSW) and TWU Enterprise Agreement 2014. The Transport Workers Union was the respondent. The applicants sought approval of the enterprise agreement, which outlined terms and conditions of employment for employees at Patrick's Port Botany and Port Kembla operations. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it contained the necessary minimum terms, and whether it had been fairly negotiated. The Commission found that the agreement contained all the required minimum terms and had been fairly negotiated. The agreement provided for fair and reasonable terms, including provisions for wages, working hours, and leave entitlements. The Commission also found that there was no evidence of coercion or improper influence in the negotiation process. As a result, the Commission approved the Patrick Logistics (Port Services NSW) and TWU Enterprise Agreement 2014, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009. The parties were directed to notify the Commission of any further variations to 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