DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Port Service (Qld) Pty Ltd T/A Ausport Marine
(AG2017/1433)

AUSTRALIAN PORT SERVICES (QLD) PTY LTD (TRADING AS AUSPORT MARINE) AND MARITIME UNION OF AUSTRALIA BRISBANE LINES AND MOORING ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER WILSON	MELBOURNE, 17 AUGUST 2017

Application for approval of the Australian Port Services (QLD) Pty Ltd (trading as Ausport Marine) and Maritime Union of Australia Brisbane Lines and Mooring Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Port Services (QLD) Pty Ltd (trading as Ausport Marine) and Maritime Union of Australia Brisbane Lines and Mooring Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Port Service (Qld) Pty Ltd T/A Ausport Marine. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Maritime Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 17 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Australian Port Services (Qld) Pty Ltd trading as Ausport Marine and the Maritime Union of Australia, concerning the approval of their Enterprise Agreement 2016. The dispute was brought before the Fair Work Commission to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to decide was whether the Enterprise Agreement 2016 complied with the procedural and substantive requirements of the Fair Work Act. This included verifying that the agreement was genuinely negotiated, that it included the minimum entitlements specified by the Act, and that it was not contrary to public policy.

The Fair Work Commission found that the agreement was genuinely negotiated and met all procedural requirements. It also confirmed that the agreement included the minimum entitlements mandated by the Act and did not contravene any public policy. As a result, the Commission approved the Enterprise Agreement 2016.

The final order was the approval of the Enterprise Agreement 2016 between the Australian Port Services (Qld) Pty Ltd trading as Ausport Marine and the Maritime Union of Australia. This decision allows the agreement to be registered and enforced, providing a framework for the employment terms and conditions of the employees covered by the agreement.

Australian Port Service (Qld) Pty Ltd T/A Ausport Marine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established