Shorecranes Pty Ltd

[2014] FWCA 6502

FAIR WORK COMMISSION

DECISION

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

Shorecranes Pty Ltd
(AG2014/8688)

SHORECRANES ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 17 SEPTEMBER 2014

Application for approval of the Shorecranes Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Shorecranes 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 Shorecranes Pty Ltd (the Applicant).

[2] 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.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2014. The nominal expiry date of the Agreement is 16 September 2018.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shorecranes Pty Ltd recently brought an application before the Fair Work Commission seeking approval of the Shorecranes Enterprise Agreement 2014. The applicant, an employer in the maritime industry, sought to have the agreement registered under the Fair Work Act 2009, as it had been negotiated with a certified union. The dispute centred on whether the agreement complied with the relevant statutory provisions and met the requirements for approval. The court was tasked with determining whether the agreement was fair and appropriate for the employees covered by it.

The legal issues before the court involved ensuring that the agreement adhered to the standards set by the Fair Work Act. Specifically, the court had to examine whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and other employment-related matters. The court also had to consider if the agreement was made in good faith and whether it was appropriately negotiated. Furthermore, the court needed to assess if the agreement adequately met the needs of the employees and the business.

The Fair Work Commission, in its decision, examined the provisions of the Shorecranes Enterprise Agreement 2014 in detail. The court found that the agreement contained terms and conditions that were fair and reasonable, aligning with the requirements of the Fair Work Act. The Commission noted that the agreement was negotiated in good faith and provided appropriate benefits for the employees. After thorough consideration, the court concluded that the agreement met all necessary criteria for approval and was in the best interests of both the employees and the employer. Consequently, the Commission approved the Shorecranes Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established