DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darwin Port Operations Pty Limited
(AG2018/6518)

DARWIN PORT OPERATIONS ENTERPRISE AGREEMENT 2018

Port authorities
COMMISSIONER PLATT	ADELAIDE, 19 MARCH 2019

Application for approval of the Darwin Port Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Darwin Port Operations Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Darwin Port Operations Pty Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 February 2019.

[3] On 21 February 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 25 February 2019. The undertaking deals with the following:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)”, “The Australian Maritime Officers’ Union (AMOU)” and ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)” being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Darwin Port Operations Pty Limited was before the Fair Work Commission in an application for the approval of the Darwin Port Operations Enterprise Agreement 2018. The application was brought by the employer, Darwin Port Operations Pty Limited, seeking the Commission's endorsement of the agreement that had been negotiated with the Maritime Union of Australia. The dispute centred around the terms and conditions of employment for the employees covered by the agreement, specifically concerning wages, hours of work, and other employment-related matters.

The primary legal issues that the Commission needed to decide included whether the agreement met the requirements under the Fair Work Act 2009, such as being free from prohibited content and meeting the minimum entitlements. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for the proper classification and remuneration of employees. The Commission also examined whether the agreement allowed for the fair resolution of disputes and whether it complied with the relevant industrial laws.

In its decision, the Commission found that the Darwin Port Operations Enterprise Agreement 2018 complied with the requirements of the Fair Work Act. The Commission noted that the agreement was free from prohibited content, provided for minimum entitlements, and was made in good faith. The Commission also confirmed that the agreement appropriately classified employees and set their remuneration, while also providing for the fair resolution of disputes. Consequently, the Commission approved the agreement, finding it to be a lawful and fair enterprise agreement. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

Darwin Port Operations Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established