DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Far North Queensland Ports Corporation Limited T/A Ports North
(AG2021/4987)

PORTS NORTH ADMINISTRATIVE AND TECHNICAL ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2021

Application for approval of the Ports North Administrative and Technical Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ports North Administrative and Technical Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Far North Queensland Ports Corporation Limited T/A Ports North. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Maritime Officers’ Union and the Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Far North Queensland Ports Corporation Limited trading as Ports North, sought approval of the Ports North Administrative and Technical Enterprise Agreement 2020 from the Fair Work Commission. The dispute arose under the Fair Work Act 2009, with the applicant seeking to finalise a workplace agreement for its administrative and technical employees. The Commission was required to determine whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions.

The primary legal issue before the Commission was whether the proposed agreement was fair and reasonable, as required by section 234 of the Fair Work Act. This involved assessing whether the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, leave entitlements, and other relevant matters. The Commission also had to consider whether the agreement complied with any relevant industrial instruments and whether it was consistent with the principles of the Act, including the protection of employees' rights and interests.

In its decision, the Commission found that the agreement was fair and reasonable. It noted that the agreement provided for terms and conditions that were consistent with industry standards and reflected the economic circumstances of the parties. The Commission also found that the agreement was consistent with the principles of the Fair Work Act and provided appropriate protections for employees. The Commission approved the agreement, subject to certain conditions, including the requirement that the applicant provide a copy of the agreement to each employee covered by the agreement.

The Fair Work Commission approved the Ports North Administrative and Technical Enterprise Agreement 2020, subject to certain conditions. These included the requirement that the applicant provide a copy of the agreement to each employee covered by the agreement and that the agreement be implemented in accordance with its terms. The Commission's decision provides guidance on the criteria for approving enterprise agreements and the importance of ensuring that such agreements provide fair and reasonable terms and conditions for employees.

Far North Queensland Ports Corporation Limited T/A Ports North

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established