Patrick Stevedores Holdings Pty Limited

[2013] FWCA 4877

[2013] FWCA 4877

FAIR WORK COMMISSION

DECISION

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

Patrick Stevedores Holdings Pty Limited
(AG2013/7512)

PATRICK BULK AND GENERAL DAMPIER ENTERPRISE AGREEMENT 2013

Stevedoring industry
COMMISSIONER CLOGHAN	PERTH, 19 JULY 2013

Application for approval of the Patrick Bulk and General Dampier Enterprise Agreement 2013.

[1] On 11 July 2013, Patrick Stevedores Holdings Pty Limited made application for approval of a single enterprise agreement to be known as the Patrick Bulk and General Dampier Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 4 July 2013.

[3] The Fair Work 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] Pursuant to s.190 of the FW Act, the Applicant has provided the following undertakings which form part of the Agreement:

● for the purposes of consultation in Clause 15. Consultation and Change, an employee is entitled to appoint a representative of their choice (see paragraph 205(1)(b) of the FW Act; and

● in Schedule 1 – Dispute Resolution Procedure, an employee can appoint a representative of their choice for the purpose of the DSP in accordance with paragraph 186(6)(b) of the FW Act.

[5] 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.

[6] 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.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 26 July 2013.

[8] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

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