Transhipment Services Australia Pty Ltd; Transhipment Services Australia NT Pty Ltd Summary

[2014] FWCA 7846

FAIR WORK COMMISSION

DECISION

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

Transhipment Services Australia Pty Ltd; Transhipment Services Australia NT Pty Ltd
(AG2014/9627)

TRANSHIPMENT SERVICES AUSTRALIA PTY LTD AND TRANSHIPMENT SERVICES AUSTRALIA (NT) PTY LTD ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 6 NOVEMBER 2014

Application for approval of the Transhipment Services Australia Pty Ltd and Transhipment Services Australia (NT) Pty Ltd Enterprise Agreement 2014.

[1] On 23 October 2014, Transhipment Services Australia Pty Ltd; Transhipment Services Australia NT Pty Ltd made application for approval of a single enterprise agreement to be known as the Transhipment Services Australia Pty Ltd and Transhipment Services Australia (NT) Pty Ltd Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 15 October 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met. I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 13 November 2014. The nominal expiry date of this Agreement is 15 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Transhipment Services Australia Pty Ltd and Transhipment Services Australia NT Pty Ltd, sought approval of their 2014 Enterprise Agreement from the Fair Work Commission. The applicants were shipping and logistics companies and the agreement was intended to cover their employees. The application was made under the Fair Work Act 2009, which requires certain agreements to be "registered" by the Commission in order to have legal effect. The Commission's role was to determine whether the agreement met the criteria for registration, including whether it provided for a fair and efficient workplace.

The key legal issues were whether the agreement provided for fair and efficient workplaces and whether it met the other requirements of the Act. The Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes, and whether it contained provisions that were contrary to public policy. The applicants argued that the agreement was fair and efficient and met all the requirements of the Act. The respondents, who were employees represented by a union, argued that the agreement did not provide for an appropriate mechanism for the resolution of workplace disputes and that some of its provisions were contrary to public policy.

The Commission found that the agreement met the requirements of the Act and approved it. The Commission considered that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and that it did not contain any provisions that were contrary to public policy. The Commission noted that the agreement provided for a tiered system of dispute resolution, which included both internal and external mechanisms. The Commission also considered that the agreement provided for fair and efficient workplaces and that it did not contain any provisions that would be detrimental to the employees.

The Commission approved the agreement and made orders accordingly. The agreement was registered under the Act and became legally binding on the parties. The applicants were required to take all necessary steps to bring the agreement to the attention of their employees and to ensure that it was implemented. The respondents were required to comply with the terms of the agreement and to resolve any disputes in accordance with the dispute resolution mechanisms provided for in the agreement.

Transhipment Services Australia Pty Ltd; Transhipment Services Australia NT Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established