Sydney Harbour Stevedores Pty Ltd Summary

[2023] FWCA 211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Harbour Stevedores Pty Ltd

(AG2022/5498)

SYDNEY HARBOUR STEVEDORES PTY LTD AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2022 (SYDNEY HARBOUR)

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JANUARY 2023

Application for approval of the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2022 (Sydney Harbour)

Sydney Harbour Stevedores Pty Ltd has made an application for approval of an enterprise agreement known as the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2022 (Sydney Harbour) (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction Forestry Maritime Mining and Energy Union (CFMMEU) has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CFMMEU.

The Agreement was approved on 20 January 2023 and, in accordance with s 54, it will operate from 27 January 2023. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Sydney Harbour Stevedores Pty Ltd and the Maritime Union of Australia, sought the approval of an enterprise agreement that was intended to regulate the terms and conditions of employment for certain employees of the company. The dispute arose in the Fair Work Commission, which was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement provided for fair and efficient workplace relations, and if it adhered to the statutory requirements for the registration of such agreements.

The primary legal issue before the Commission was whether the agreement sufficiently addressed the terms and conditions of employment, including minimum rates of pay, leave entitlements, and dispute resolution mechanisms. A secondary issue was whether the agreement was genuinely negotiated and if it was free from any improper influence or coercion. The Commission also had to consider if the agreement provided for a fair and efficient workplace relationship and if it aligned with the broader objectives of the Fair Work Act.

In assessing the agreement, the Commission examined the provisions to ensure they provided for a fair and efficient workplace relationship. The Commission noted that the agreement contained provisions that addressed the key terms and conditions of employment, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement was the product of genuine negotiation and was free from any improper influence or coercion. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act and accordingly approved the enterprise agreement.

The Fair Work Commission approved the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2022, determining that it provided for a fair and efficient workplace relationship and complied with the statutory requirements for the registration of such agreements. The Commission found that the agreement contained provisions that addressed the key terms and conditions of employment and was the product of genuine negotiation. The approval of the agreement ensures that the terms and conditions of employment for the employees of Sydney Harbour Stevedores Pty Ltd are regulated by a fair and efficient enterprise agreement.

Sydney Harbour Stevedores Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established