DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Far North Queensland Ports Corporation Limited T/A Ports North
(AG2021/4966)

PORTS NORTH OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2021

Application for approval of the Ports North Operations and Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ports North Operations and Maintenance 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 Workers’ 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 case before the Fair Work Commission (FWC) involved the Far North Queensland Ports Corporation Limited, trading as Ports North, which sought approval of the Ports North Operations and Maintenance Enterprise Agreement 2020. The dispute centred around the terms of the agreement, particularly those concerning pay rates and conditions for employees. The Commission was tasked with determining whether the agreement met the necessary legal standards under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement provided for minimum entitlements that were no less favourable than the relevant award or registered agreement and whether it met the procedural requirements of the Act. This included assessing whether the agreement had been genuinely negotiated and if it adhered to the procedural fairness principles. Additionally, the FWC had to consider whether the agreement met the public interest test and if it complied with the requirements for approval of an enterprise agreement under the Fair Work Act.

The FWC found that the agreement satisfied the minimum entitlements provisions, as it provided for pay rates and conditions that were no less favourable than the relevant award. The Commission concluded that the agreement had been genuinely negotiated, as evidenced by the extensive consultation process between the parties and the presence of good faith bargaining. Furthermore, the FWC determined that the agreement met the public interest test and complied with the procedural requirements of the Act. Consequently, the FWC approved the Ports North Operations and Maintenance Enterprise Agreement 2020.

In summary, the Fair Work Commission approved the Ports North Operations and Maintenance Enterprise Agreement 2020, finding it met all the necessary legal requirements under the Fair Work Act 2009. The Commission's decision confirmed that the agreement provided for minimum entitlements, was genuinely negotiated, and satisfied the public interest test.

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