Patrick Stevedores Holdings Pty Ltd Trading AS Patrick Terminals

[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

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.

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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Patrick Stevedores Holdings Pty Ltd, trading as Patrick Terminals, and the Fair Work Commission. The nature of the dispute was the application for approval of the Patrick Terminals Enterprise Agreement 2026. The court was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009. The key legal issues included whether the agreement provided for the proper protection of employees' rights and interests, whether it was made in good faith, and if it complied with the relevant provisions of the Fair Work Act.

The court examined the agreement to ensure it met the statutory requirements for approval. The agreement needed to provide for the employees' pay and conditions, including minimum rates of pay, classification, and any allowances. It also had to include provisions for annual leave, personal/carer’s leave, and any other benefits provided to employees. Additionally, the court assessed whether the agreement was made in good faith, considering the parties' conduct during the bargaining process. The court further considered whether the agreement complied with any relevant minimum standards set out in the Fair Work Act and whether it was fair and reasonable.

In reaching its decision, the court carefully reviewed the terms of the agreement and the evidence presented by both parties. It found that the agreement contained provisions that met the statutory requirements for approval. The court concluded that the agreement provided for the proper protection of employees' rights and interests, was made in good faith, and complied with the relevant provisions of the Fair Work Act. Therefore, the court approved the Patrick Terminals Enterprise Agreement 2026.

The final orders of the court were that the Patrick Terminals Enterprise Agreement 2026 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. The decision was binding on all employees and employers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established