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.

[1] 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).

[2] 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

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

[4] 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.

[5] 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

Printed by authority of the Commonwealth Government Printer

PR607867

1 See [2018] FWCFB 1405 para [297]

CaseChat Overview and Summary

In this case, the Fair Work Commission was required to conduct a four-yearly review of the Ports, Harbours and Enclosed Water Vessels Award 2010. The review was initiated by the Minister for Employment under section 236 of the Fair Work Act 2009. The dispute involved various unions and employer associations representing workers and employers in the maritime industry. The Commission had to assess whether the award was still appropriate and relevant to the industry, and whether any changes were necessary to ensure it continued to provide fair and effective regulation of employment conditions.

The legal issues before the Commission included whether the award adequately protected the rights and interests of employees, whether it provided a fair and reasonable balance between the parties, and whether it was consistent with the objects of the Fair Work Act. The Commission also had to consider any relevant economic and social factors, such as changes in the industry, wage trends, and the broader labour market. The unions argued for increased wages and improved conditions, while the employer associations emphasised the need for flexibility and competitiveness in the industry.

After conducting extensive research and consultation with the parties, the Commission determined that the award was generally appropriate and relevant to the industry. However, it made several changes to improve the clarity and fairness of the award. The Commission increased the minimum wages for some classifications of employees, and made changes to the penalty rates and loadings to better reflect the nature of the work. The Commission also clarified some provisions to ensure they were consistent with the objects of the Fair Work Act. Overall, the Commission found that the award continued to provide a fair and effective framework for regulating employment conditions in the maritime industry.

The Fair Work Commission made several orders to amend the Ports, Harbours and Enclosed Water Vessels Award 2010. The new award will come into effect on the first day of the first pay period that begins after six months from the date of the Commission’s decision. The Commission also ordered that the award be published on the Fair Work Ombudsman’s website, and that any previous versions of the award be deemed to be repealed. The parties were given the opportunity to lodge an application for review of the Commission’s decision within 21 days of the date of the decision.

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

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established