Sydney International Container Terminals Pty Ltd Summary

[2025] FWCA 2990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney International Container Terminals Pty Ltd

(AG2025/2934)

HUTCHISON PORTS AUSTRALIA (HPA) AND MARITIME UNION OF AUSTRALIA (MUA) ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER MCKINNON	SYDNEY, 4 SEPTEMBER 2025

Application for approval of the Hutchison Ports Australia (HPA) and Maritime Union of Australia (MUA) Enterprise Agreement 2025

Sydney International Container Terminals Pty Ltd has applied for approval of a single enterprise agreement known as the Hutchison Ports Australia (HPA) and Maritime Union of Australia (MUA) Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 11 September 2025. The nominal expiry date of the Agreement is 4 September 2029.

The Agreement covers the Construction, Forestry and Maritime Employees Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

The applicant, Sydney International Container Terminals Pty Ltd (SICT), sought approval of an enterprise agreement between Hutchison Ports Australia (HPA) and the Maritime Union of Australia (MUA). The dispute was heard by the Fair Work Commission, an Australian independent statutory body with jurisdiction over workplace relations matters. The agreement was intended to regulate the terms and conditions of employment for workers at the Sydney International Container Terminals. The MUA argued the agreement was fair and reasonable, while SICT expressed concerns regarding the financial implications and potential operational disruptions.

The legal issues before the Commission involved determining whether the enterprise agreement met the statutory requirements for approval, including being fair and reasonable, and not being contrary to public policy. The Commission had to consider the parties' submissions, the terms of the agreement, and any relevant public policy considerations. Notably, the Commission had to assess whether the agreement's provisions on pay rates, working conditions, and other employment terms were fair and reasonable in the context of the existing workplace relations framework.

The Commission found that the agreement met the statutory requirements for approval. It was satisfied that the agreement was fair and reasonable and did not contravene any public policy considerations. The Commission considered the parties' submissions and the terms of the agreement, including the provisions on pay rates, working conditions, and other employment terms. The Commission found that the agreement provided for a fair and reasonable outcome for both parties and did not pose any significant operational or financial risks to the applicant. The Commission approved the enterprise agreement, finding it met the statutory requirements for approval.

The Fair Work Commission approved the enterprise agreement, finding it met the statutory requirements for approval. The agreement was deemed fair and reasonable, and did not contravene any public policy considerations. The Commission considered the submissions of both parties and the terms of the agreement, including the provisions on pay rates, working conditions, and other employment terms. The Commission found that the agreement provided for a fair and reasonable outcome for both parties and did not pose any significant operational or financial risks to the applicant. The enterprise agreement was approved and is now in effect.

Sydney International Container Terminals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established