Aurizon Port Services (SA) Pty Ltd

[2025] FWCA 3151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aurizon Port Services (SA) Pty Ltd

(AG2025/3052)

AURIZON PORT SERVICES PORT PIRIE STEVEDORING ENTERPRISE AGREEMENT 2025

Stevedoring industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 SEPTEMBER 2025

Application for approval of the Aurizon Port Services Port Pirie Stevedoring Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Aurizon Port Services Port Pirie Stevedoring Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 9 February 2028.

The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees’ Union (MUA), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the MUA.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aurizon Port Services (SA) Pty Ltd recently sought approval for the Aurizon Port Services Port Pirie Stevedoring Enterprise Agreement 2025 from the Fair Work Commission. The application for approval was made by the employer, Aurizon, and was contested by the Maritime Union of Australia. The dispute centred on the terms and conditions proposed in the agreement, specifically whether they complied with the relevant legislative framework and whether they were fair and reasonable.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria set out in the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test". The Commission also needed to determine if the agreement was made in good faith and without coercion.

In its decision, the Commission examined the provisions of the proposed agreement, taking into account the submissions from both parties. It assessed the agreement's terms and conditions against the legislative requirements, including the "better off overall test", which mandates that employees must not be worse off financially under the new agreement. The Commission concluded that the agreement was fair and reasonable and met the necessary statutory criteria. It found that the agreement was made in good faith and without coercion, and that the employees would be better off overall under the new terms.

Accordingly, the Fair Work Commission approved the Aurizon Port Services Port Pirie Stevedoring Enterprise Agreement 2025. The approved agreement will now serve as the basis for employment conditions between Aurizon and its stevedoring workforce at the Port Pirie site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established