Patrick Stevedores Holdings Pty Ltd Trading AS Patrick Terminals

Case •

[2025] FWCA 1472

•

2 MAY 2025
[2025] FWCA 1472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Patrick Stevedores Holdings Pty Ltd Trading AS Patrick Terminals

(AG2025/1133)

PATRICK TERMINALS ENTERPRISE AGREEMENT 2026

Stevedoring industry

COMMISSIONER RIORDAN

SYDNEY, 2 MAY 2025

Application for approval of the Patrick Terminals Enterprise Agreement 2026

  1. Patrick Stevedores Holdings Pty Ltd T/A Patrick Terminals (the Applicant) has made an application for approval of an enterprise agreement known as the Patrick Terminals Enterprise Agreement 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the FW Act). The Agreement is a single enterprise agreement.

  1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 25.5 – Compassionate leave

·   Clause 31.11.2 – Notice of Termination

·   Clause 31.3 – Redundancy

  1. However, noting the NES precedence clause provided at clause 6.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Commission also notes the existence of a bundle of deeds that were agreed between the parties that will remain confidential and do not form part of the published Agreement.

  1. Subject to the matters raised at paragraphs [2]-[4], on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

  1. The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees’ Union (MUA), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the MUA.

  1. The Agreement is approved and in accordance with s.54 of the FW Act and clause 4.2 of the Agreement, will operate from 9 May 2025. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

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