DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick PortLink Pty Limited
(AG2015/2998)

PATRICK PORT LOGISTICS (SOUTHERN NSW REGION) GRIFFITH ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 22 JUNE 2015

Application for approval of the Patrick Port Logistics (Southern NSW Region) Griffith Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Port Logistics (Southern NSW Region) Griffith Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Patrick PortLink Pty Limited. 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 Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 June 2015. The nominal expiry date is 5 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Patrick PortLink Pty Limited, which sought approval of the Patrick Port Logistics (Southern NSW Region) Griffith Enterprise Agreement 2015. The application was brought before the Fair Work Commission. The crux of the matter was the validity and fairness of the proposed enterprise agreement, with particular attention to the terms and conditions it established for the employees.

The primary legal issue the court had to address was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was genuinely a bargain between the employer and the employees, if it contained appropriate terms and conditions, and whether it complied with the procedural requirements of the Act. The court also had to consider if the agreement was procedurally fair, given that it was registered without a vote due to an agreement between the parties.

In its reasoning, the court examined the terms of the enterprise agreement and found that it included provisions that were in line with the objectives of the Fair Work Act, such as ensuring a fair and balanced working environment. The court noted that the agreement was negotiated in good faith and included mechanisms for resolving disputes. It was also determined that the agreement provided fair and reasonable terms and conditions, and that the process of its registration was fair and transparent. Based on these findings, the court approved the Patrick Port Logistics (Southern NSW Region) Griffith Enterprise Agreement 2015.

The final orders of the court included the approval of the enterprise agreement, with specific directions for the employer to provide a copy of the approved agreement to all affected employees. The agreement was to be registered and would come into effect on a date specified by the court. This decision ensured that the employees would benefit from the agreed terms and conditions while maintaining a fair and balanced working relationship with their employer.

Patrick PortLink Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established