1
[2012] FWAA 3678 [Note: An appeal pursuant to s.604 (C2015/2425 and
others) was lodged against this decision - refer to Full Bench decisions
dated 16 October 2015 [[2015] FWCFB 6323] for result of appeal.]
DECISION
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Patrick Projects Pty Ltd
(AG2012/4959)
PATRICK PROJECTS PTY LTD AMC CARGO HANDLING
AGREEMENT 2012-2015
Stevedoring industry
COMMISSIONER CLOGHAN PERTH, 27 APRIL 2012
Application for approval of the Patrick Projects Pty Ltd AMC Cargo Handling Agreement
2012-2015.
[1] On 27 April 2012, Patrick Projects Pty Ltd made application for approval of a
greenfields agreement to be known as the Patrick Projects Pty Ltd AMC Cargo Handling
Agreement 2012-2015 (“the Agreement”). The application was made pursuant to s.185 of the
Fair Work Act 2009 (“the FW Act”).
[2] Fair Work Australia must approve an enterprise agreement pursuant to s.186 of the
FW Act if the requirements set out in that section and s.187 are met.
[3] This application was filed in Fair Work Australia arising from, and as a consequence
of, applications AG2012/4069 and AG2012/4801 by the Maritime Workers’ Union of
Australia (MUA) and by Patrick Projects Pty Ltd respectively, conferences relating to those
applications and a hearing and Order (PR523154) issued by the Tribunal on 27 April 2012.
[4] I am satisfied, from the material provided to the Tribunal, that ss.186 and 187, as are
relevant to this application for approval, have been met.
[5] The Employer has declared that the MUA is entitled to represent the industrial
interests of a majority of the employees who will be covered by the Agreement, in relation to
the work to be performed. The MUA has made a similar declaration. On that basis, I am
satisfied that the provisions of s.187(5)(a) of the FW Act have been met.
[6] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public
interest to approve the Agreement.
[7] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate
from seven (7) days from the date of this Decision.
AUSTRALIA FAIR WORK AUSTRALIA
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB6323.htm
[2012] FWAA 3678
2
[8] The nominal expiry date of the Agreement is 30 June 2015.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code G, AE893597 PR523205
