Australian Port Services (NSW) Pty Ltd T/A Ausport Marine

[2025] FWCA 517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Port Services (NSW) Pty Ltd T/A Ausport Marine

(AG2024/5233)

AUSPORT MARINE - MARITIME UNION OF AUSTRALIA DIVISION OF THE CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION (CFMMEU) - ENTERPRISE AGREEMENT 2024

Maritime industry
DEPUTY PRESIDENT CROSS	SYDNEY, 10 FEBRUARY 2025

Application for approval of the Ausport Marine - Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) - Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ausport Marine - Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) - Enterprise Agreement 2024 (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 Services (NSW) Pty Ltd T/A Ausport Marine. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2025. The nominal expiry date of the Agreement is 1 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Australian Port Services (NSW) Pty Ltd, trading as Ausport Marine, and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute centred on the application for approval of the Enterprise Agreement between Ausport Marine and the CFMMEU for 2024. The application was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. This included examining if the agreement provided for the proper operation of the enterprise, covered a specified group of employees, and adhered to the requirements for a safety net agreement. The Commission also had to consider whether the agreement was made in good faith and if it provided for the proper operation of the enterprise.

The Fair Work Commission found that the Enterprise Agreement met the necessary criteria for approval. The agreement was deemed to provide for the proper operation of the enterprise, covered a specified group of employees, and included provisions for a safety net. The Commission concluded that the agreement was made in good faith and was in the best interests of the employees. The Commission took into account the submissions from both parties and the broader context of the maritime industry.

The Fair Work Commission approved the Enterprise Agreement between Ausport Marine and the CFMMEU for 2024. The Commission's decision was based on the comprehensive examination of the agreement and the evidence provided by both parties. The approval ensures that the terms and conditions of employment for the employees are adequately covered and regulated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established