DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darwin Port Pilotage Pty Ltd
(AG2021/6626)

DARWIN PORT MARINE PILOTS ENTERPRISE AGREEMENT 2021 - 2025

Port authorities
COMMISSIONER P RYAN	SYDNEY, 27 AUGUST 2021

Application for approval of the Darwin Port Marine Pilots Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an Enterprise Agreement known as the Darwin Port Marine Pilots Enterprise Agreement 2021-2025 (the Agreement). Darwin Port Pilotage Pty Ltd (the Employer) made the application pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Australian Maritime Officers Union (AMOU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2021. The nominal expiry date of the Agreement is 27 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Darwin Port Pilotage Pty Ltd was the subject of an application for the approval of the Darwin Port Marine Pilots Enterprise Agreement 2021-2025. The application was made to the Fair Work Commission, and the applicant sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the proposed agreement, which governed the relationship between the employer, Darwin Port Pilotage Pty Ltd, and its employees, the marine pilots.

The primary legal issue the court had to decide was whether the proposed enterprise agreement met the requirements of the Fair Work Act, including the provisions concerning the resolution of unfair dismissal claims and the preservation of the right to strike. The court also had to assess if the agreement was free from any unfair content, as per the statutory criteria outlined in the Act. Additionally, the court needed to determine if the agreement had been fairly negotiated and if it complied with the procedural requirements for enterprise agreements under the Act.

The Fair Work Commission found that the Darwin Port Marine Pilots Enterprise Agreement 2021-2025 was free from unfair content and met the requirements of the Fair Work Act. The Commission determined that the agreement had been fairly negotiated and complied with the procedural prerequisites for enterprise agreements. The court approved the agreement, noting the provisions regarding the resolution of unfair dismissal claims and the preservation of the right to strike were consistent with the statutory framework. The Commission concluded that the agreement was in the best interests of the employees and the employer, and it was approved under the Act.

Darwin Port Pilotage Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established