Far North Queensland Ports Corporation Limited T/A Ports North Summary

[2024] FWCA 1428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Far North Queensland Ports Corporation Limited T/A Ports North

(AG2024/1133)

PORTS NORTH MARINE PILOTS ENTERPRISE AGREEMENT 2023

Port authorities
COMMISSIONER CIRKOVIC	MELBOURNE, 19 APRIL 2024

Application for approval of the Ports North Marine Pilots Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ports North Marine Pilots Enterprise Agreement 2023 (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 Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

The Australian Maritime Officers’ Union (AMOU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 19 April 2024 and, in accordance with s 54, will operate from 26 April 2024. The nominal expiry date of the Agreement is 31 October 2026.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Far North Queensland Ports Corporation Limited trading as Ports North, sought approval of the Ports North Marine Pilots Enterprise Agreement 2023. The Fair Work Commission heard the matter. The central issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including provisions regarding the agreement's fairness and the protection of employees' rights.

The Commission considered the agreement's provisions concerning wages, conditions, and other terms and conditions of employment. It assessed whether the agreement met the 'better off overall test', ensuring that the employees would be no worse off financially and at least as well off in other respects compared to the applicable award or existing agreements. The Commission also examined the procedural fairness of the agreement, including whether the necessary consultation and negotiation processes had been followed.

The Commission determined that the agreement met the statutory requirements. It found that the agreement provided fair and reasonable terms and conditions for the employees and complied with the 'better off overall test'. The Commission approved the Ports North Marine Pilots Enterprise Agreement 2023, acknowledging the parties' efforts in reaching a mutually beneficial agreement.

The Fair Work Commission approved the Ports North Marine Pilots Enterprise Agreement 2023, effective from the date of the decision. The agreement now serves as the governing document for the terms and conditions of employment for the marine pilots employed by Ports North.

Far North Queensland Ports Corporation Limited T/A Ports North

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established