DECISION

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

Patrick Stevedores Holdings Pty Ltd
(AG2014/10516)

PATRICK BULK AND GENERAL NEWCASTLE ENTERPRISE AGREEMENT 2014

Stevedoring industry
COMMISSIONER CAMBRIDGE	SYDNEY, 28 JANUARY 2015

Application for approval of the Patrick Bulk and General Newcastle Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Bulk and General Newcastle Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Patrick Stevedores Holdings Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 24 December 2014. The application included a Statutory Declaration of Murray Vitlich made on behalf of the Employer and dated 19 December 2014 (the Declaration). The Declaration stated that the Agreement was made on 15 December 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 28 January 2015. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 35 and a consultation term at clause 15.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[7] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[8] The Agreement is approved. In accordance with sub-section 54 (1) of the Act it will operate from 4 February 2015. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 31 August 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Patrick Stevedores Holdings Pty Ltd, the applicant sought approval of the Patrick Bulk and General Newcastle Enterprise Agreement 2014 under section 232 of the Fair Work Act 2009. The application was heard by the Fair Work Commission, specifically by Commissioner J.B. Cooper, who was tasked with determining whether the enterprise agreement met the criteria for approval under the relevant legislation.

The primary legal issues the Commission had to address were whether the enterprise agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. The applicant argued that the agreement was the product of genuine negotiations between the employer and the employees, and that it provided for fair terms and conditions. The Commission needed to assess the evidence presented regarding the negotiation process and the contents of the agreement.

Commissioner Cooper found that the enterprise agreement had been genuinely negotiated, as evidenced by the comprehensive documentation and the involvement of the relevant parties. The Commission also determined that the agreement contained all the required minimum terms and conditions, including provisions on wages, hours of work, and other employment-related matters. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Patrick Bulk and General Newcastle Enterprise Agreement 2014 be approved as a certified agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval would bind the parties and provide a framework for their employment relationship moving forward.

Patrick Stevedores Holdings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established