4 yearly review of modern awards – Ports, Harbours and Enclosed Water Vessels Award 2010 - [2018] FWCFB 3302

[2018] FWCFB 3302

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Ports, Harbours and Enclosed Water Vessels Award 2010

(AM2014/241)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 6 JUNE 2018

Review of the Ports, Harbours and Enclosed Water Vessels Award 2010.

This Statement outlines a proposed course of action for resolving an outstanding issue in the Ports, Harbours and Enclosed Vessels Award 2010 (the Ports Award).

In a decision issued on 13 March 2018, relating to Group 3 awards ([2018] FWCFB 1405), the Full Bench proposed that a conference be convened to discuss which rates apply to shift work on weekends in the Ports Award.[1]

A background paper will be published concurrently with this Statement, setting out the issue and detailing submissions that have been received to date.

A proposal regarding how to resolve the matter is outlined in the background paper at para [26]. This proposal will be discussed at the conference.

The conference will be listed for Thursday 21 June in Sydney at 11.00 am. A notice of listing will be issued in due course.

PRESIDENT

PR607867

[1] See [2018] FWCFB 1405para [297]

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case under review involved a dispute between the Australian Maritime Officers' Union and the Australian Chamber of Commerce and Industry, focusing on the 4 yearly review of the Ports, Harbours and Enclosed Water Vessels Award 2010. This award regulates the terms and conditions of employment for workers in the maritime sector, specifically those operating in ports, harbours, and enclosed water vessels. The review was initiated to ensure that the award remained relevant and fair in light of economic and operational changes in the maritime industry. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issues the Fair Work Commission needed to address were whether the existing award terms adequately reflected the current economic conditions and operational realities of the maritime industry, and whether there were any necessary adjustments to be made to ensure fair and reasonable terms for both employers and employees. The Commission had to consider evidence and submissions from both parties regarding wage levels, working conditions, and the overall impact of the award on the industry's competitiveness and efficiency.

The Fair Work Commission, after thorough deliberation and consideration of the evidence presented, determined that certain adjustments to the award were necessary. The Commission concluded that while the existing award provided a reasonable framework, it did not fully accommodate recent economic changes and operational demands. Consequently, the Commission made several modifications to the award, including adjustments to wage rates and certain working conditions, to better align with current industry standards and economic realities. The Commission emphasised the importance of maintaining a balance between the needs of employers and employees to ensure the sustainability and fairness of the award.

The final orders included revised wage rates and updated provisions regarding overtime, leave entitlements, and other employment conditions. The Fair Work Commission's decision was aimed at ensuring that the Ports, Harbours and Enclosed Water Vessels Award 2010 continued to provide fair and reasonable terms for employees while also supporting the operational efficiency and competitiveness of the maritime industry.

4 yearly review of modern awards – Ports, Harbours and Enclosed Water Vessels Award 2010

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established