DECISION

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

Patrick Projects Pty Ltd
(AG2015/3622)

PATRICK PROJECTS PTY LTD AMC CARGO HANDLING AGREEMENT 2015-2017

Stevedoring industry
COMMISSIONER CLOGHAN	PERTH, 24 JUNE 2015

Application for approval of the Patrick Projects Pty Ltd AMC Cargo Handling Agreement 2015-2017.

[1] On 19 June 2015, Patrick Projects Pty Ltd made application for approval of a single enterprise agreement to be known as the Patrick Projects Pty Ltd AMC Cargo Handling Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 5 June 2015.

[3] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 1 July 2015.

[7] The nominal expiry date of this Agreement is 30 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Patrick Projects Pty Ltd, sought approval of an agreement between the company and its employees concerning the handling of cargo, known as the AMC Cargo Handling Agreement 2015-2017. The application was brought before the Fair Work Commission, which was asked to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The opposition to the application was led by the Health Services Union, representing certain employees of the company.

The central legal issue before the Commission was whether the agreement was in the interests of the employees and complied with the provisions of the Fair Work Act. Specifically, the Commission had to assess whether the agreement covered all necessary terms and conditions of employment, and whether it had been made in good faith. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions, including remuneration and working conditions.

In delivering its decision, the Commission first acknowledged the importance of the agreement in providing a clear framework for the handling of cargo, which was critical to the business operations of Patrick Projects. The Commission found that the agreement did cover all necessary terms and conditions of employment, and that it had been made in good faith. The Commission also determined that the agreement provided for fair and reasonable terms and conditions, including remuneration and working conditions. Therefore, the Commission approved the AMC Cargo Handling Agreement 2015-2017, subject to certain conditions and modifications to address some minor concerns raised by the opposition.

The Fair Work Commission approved the AMC Cargo Handling Agreement 2015-2017, subject to certain conditions and modifications. These modifications included changes to the agreement to ensure that the employees had adequate rest breaks and that the company provided appropriate training and support to its employees. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that any disputes arising from the agreement be referred to the Commission for resolution.

Patrick Projects 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