DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Harbour Stevedores Pty Ltd
(AG2016/6622)

SYDNEY HARBOUR STEVEDORES PTY LTD AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2016 (SYDNEY HARBOUR)

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2016 (Sydney Harbour).

[1] An application has been made for approval of an enterprise agreement known as the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2016 (Sydney Harbour) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Harbour Stevedores Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sydney Harbour Stevedores Pty Ltd recently appeared before the Fair Work Commission in a matter concerning the approval of an Enterprise Agreement between the company and the Maritime Union of Australia. The nature of the dispute involved the proposed terms and conditions outlined in the Enterprise Agreement, which were submitted for endorsement by the relevant regulatory body. The application for approval was brought forth by Sydney Harbour Stevedores Pty Ltd, with the Maritime Union of Australia supporting the agreement.

The legal issues central to the decision required the Commission to determine whether the proposed Enterprise Agreement met the statutory requirements set forth under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement provided for fair and reasonable terms, ensured no undue detriment to employees, and complied with the relevant provisions of the Act. Furthermore, the Commission had to consider if the agreement was made in good faith and if it adhered to the principles of procedural fairness.

In its reasoning, the Fair Work Commission examined the provisions of the proposed agreement, taking into account submissions from both parties. The Commission concluded that the agreement did meet the statutory requirements and was fair and reasonable, as it provided for adequate terms and conditions for the employees. The Commission also found that the agreement was made in good faith and followed the principles of procedural fairness. Consequently, the Commission approved the Enterprise Agreement, enabling it to take effect as intended.

The final orders of the Commission included the approval of the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2016, with the terms and conditions outlined in the agreement to be binding on both parties from the date of approval.

Sydney Harbour Stevedores 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