Patrick Stevedores Holdings Pty Limited

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Patrick Stevedores Holdings Pty Limited, the applicant sought approval for the Patrick Bulk and General Dampier Enterprise Agreement 2013 under the Fair Work Act 2009. The applicant argued that the agreement should be approved as it met the criteria set out in the Act, including that it contained no provisions that were contrary to public policy. The case was heard by the Fair Work Commission, which had to determine whether the agreement was fit for purpose and whether it should be approved.

The central legal issue for the Commission was to assess the provisions of the Enterprise Agreement to ensure they were consistent with the Fair Work Act. The Commission had to consider whether any part of the agreement was contrary to public policy, as this would render the entire agreement invalid. Additionally, the Commission examined the process through which the agreement was made, including whether it was genuinely negotiated and whether it provided for fair terms and conditions of employment.

In reaching its decision, the Commission evaluated the various provisions of the agreement and concluded that the agreement was consistent with the Fair Work Act. The Commission found that none of the provisions were contrary to public policy and that the agreement was genuinely negotiated and provided for fair terms and conditions. The Commission was satisfied that the agreement met all necessary criteria for approval and that it was in the best interest of the employees and the employer.

As a result, the Fair Work Commission approved the Patrick Bulk and General Dampier Enterprise Agreement 2013. This decision provided clarity and certainty to both the employer and employees, ensuring that the terms of employment were legally sound and enforceable. The approval of the agreement was a significant step in maintaining harmonious industrial relations within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established