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

[2014] FWCA 1555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Port Services (Vic) Pty Ltd T/A Ausport Marine
(AG2014/3786)

AUSPORT MARINE AND MARITIME UNION OF AUSTRALIA PORT OF MELBOURNE ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER CRIBB	MELBOURNE, 5 MARCH 2014

Application for approval of the Ausport Marine and Maritime Union of Australia Port of Melbourne Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ausport Marine and Maritime Union of Australia Port of Melbourne Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Australian Port Services (Vic) Pty Ltd T/A Ausport Marine. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Maritime Union of Australia (MUA) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 5 March 2014 and, in accordance with s.54 of the Act, will operate from 12 March 2014. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Port Services (Vic) Pty Ltd T/A Ausport Marine applied to the Fair Work Commission for approval of the Ausport Marine and Maritime Union of Australia Port of Melbourne Enterprise Agreement 2013. The dispute arose from the application of the Fair Work Act 2009 and the Fair Work Regulations 2009. The main issue for the Commission was whether the application complied with the requirements of the Act, including the need for the agreement to meet the better off overall test.

The Commission considered the submissions made by the parties and the evidence provided. It found that the agreement met the requirements of the Act, including the better off overall test. The Commission also found that the agreement was in the interests of promoting workplace relations system objectives, including facilitating a high level of economic efficiency. The Commission approved the application and registered the agreement.

The court found that the agreement was fair and reasonable, and met the requirements of the Act. The court also found that the agreement was in the interests of promoting workplace relations system objectives, including facilitating a high level of economic efficiency. The court approved the application and registered the agreement. The court made an order approving the application and registering the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established