Patrick Stevedores Holdings Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union Maritime Union of Australia Division (the CFMMEU)

[2022] FWC 420

[2022] FWC 420

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Patrick Stevedores Holdings Pty Ltd
v

Construction, Forestry, Maritime, Mining and Energy Union Maritime Union of Australia Division (the CFMMEU)

(AG2021/8071)

DEPUTY PRESIDENT BULL SYDNEY, 28 FEBRUARY 2022

Application for termination of the Patrick Terminals Enterprise Agreement 2016

1. On 26 October 2021, Patrick Stevedores Holdings Pty Ltd (Patrick) applied pursuant to s.225 of the Fair Work Act 2009 (the Act) to have the Fair Work Commission (the Commission) make an order terminating the Patrick Terminals Enterprise Agreement 2016 (the Agreement), which has a nominal expiry date of 30 June 2020.

1. Should the order as requested by Patrick be issued, the Stevedoring Industry Award 2020 would apply to its Agreement covered employees.

1. The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) are named in the application as an employee organisation covered by the Agreement. The CFMMEU are also a bargaining representative for a proposed replacement agreement.

1. The application was accompanied by a declaration completed by Mr Stephen Cox, Patrick’s Chief Operations Officer, who stated inter alia that termination of the Agreement would promote the ability of Patrick to operate more efficiently.

1. For various reasons, the application has been listed for hearing and adjourned on a number of occasions, including that the parties were close to an agreement to resolve their differences. Since the filing of the application the matter has been subject to conciliation before a member of the Commission.

1. On Thursday 25 February 2022, the parties requested that the hearing listed to commence today be adjourned until 28 March 2022 on the basis that an ‘in principle agreement’ had been reached on a proposed replacement agreement.

1. At a conference held today, the parties confirmed the following consent position:

• Today’s hearing will not proceed and will be relisted (if necessary) on 28 March 2022.

• An in-principle agreement has been reached.

• The drafting of the proposed replacement agreement has been finalised and agreed.

• Consultation with the workforce at all work sites as per sub-s.180(5) of the Act has commenced.

• The access period as per sub-s.180(2) of the Act will commence on 6 March 2022.

• A ballot seeking employee agreement for the proposed replacement agreement will be conducted between the 14 and 17 March 2022 at the various work sites.

• The CFMMEU will recommend the proposed replacement agreement to its members.

1. The hearing listed for 28 February, 1 and 2 March 2022 will be vacated and a further listing on 28 March 2022 is scheduled if required.

1. The Commission commends the parties in arriving at an agreed resolution of this dispute which has required both parties to make concessions to their initial bargaining positions.

DEPUTY PRESIDENT

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