DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patricks Stevedoring Holdings Pty Ltd
(AG2016/7433)

PATRICKS TERMINALS ENTERPRISE AGREEMENT 2016

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 21 DECEMBER 2016

Application for approval of the Patricks Terminals Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Patricks Terminals Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Patricks Stevedoring Holdings Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which fully complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] The Maritime Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 21 December 2016 and, in accordance with s.54 of the Act, will operate from 28 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Patricks Stevedoring Holdings Pty Ltd sought approval for the Patricks Terminals Enterprise Agreement 2016. The application was heard by the Fair Work Commission (FWC). The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The FWC was required to determine if the agreement contained the necessary provisions to be considered a safety net agreement, and if it complied with the statutory requirements for enterprise agreements.

The FWC examined whether the agreement provided employees with terms and conditions that were not less favourable than the applicable awards or safety net provisions. It also considered whether the agreement allowed for the flexibility required by the enterprise. The FWC had to assess if the agreement was made in good faith and if proper procedures were followed in its development. Additionally, the FWC needed to ensure that the agreement did not undermine the operation of the safety net provisions of the Act.

In its decision, the FWC found that the Patricks Terminals Enterprise Agreement 2016 met the statutory requirements for approval. The agreement provided employees with terms and conditions that were not less favourable than the applicable awards or safety net provisions, and it allowed for the necessary flexibility for the enterprise. The FWC was satisfied that the agreement was made in good faith and that proper procedures were followed in its development. The FWC concluded that the agreement did not undermine the operation of the safety net provisions of the Act.

The FWC approved the Patricks Terminals Enterprise Agreement 2016, effective from 1 January 2017. The agreement was registered with the Fair Work Commission Register of Approved Enterprise Agreements.

Patricks Stevedoring Holdings Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established