Far North Queensland Ports Corporation Limited trading as Ports North Summary

[2014] FWCA 8333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Far North Queensland Ports Corporation Limited trading as Ports North
(AG2014/9709)

PORTS NORTH OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 21 NOVEMBER 2014

Application for approval of the Ports North Operations and Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ports North Operations and Maintenance Enterprise Agreement 2014 (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 trading as Ports North (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 30 October 2014. The application included a Statutory Declaration of Kerry Egerton made on behalf of the Employer and dated 20 October 2014, (the Declaration). The Declaration stated that the Agreement was made on 20 October 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 21 November 2014. I note that the file has included a Statutory Declaration of Benjamin Charles Swan made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 2.9 and a consultation terms at clauses 1.5 and 1.10.

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

[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 28 November 2014. The nominal expiry date of the Agreement as specified in clause 1.3 of the Agreement, is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Far North Queensland Ports Corporation Limited, trading as Ports North, which sought approval for the Ports North Operations and Maintenance Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which had the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory criteria for approval, including provisions for employee wages and conditions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms, and whether it complied with the relevant provisions of the Fair Work Act. Key points of contention were the classification of certain employees and the associated wage rates, as well as provisions relating to working hours and leave entitlements. The Commission needed to determine if these terms and conditions were fair and reasonable, taking into account the principles of procedural and substantive fairness.

The Fair Work Commission found that the proposed agreement was fair and reasonable on the whole. While acknowledging some concerns regarding the classification of certain employees, the Commission determined that the overall terms of the agreement were satisfactory. The Commission considered the evidence presented on wages, conditions, and the parties' bargaining processes, concluding that the agreement met the necessary statutory criteria. The Commission approved the Ports North Operations and Maintenance Enterprise Agreement 2014, subject to the specific terms and conditions outlined in the decision.

The final orders of the Commission included the approval of the agreement with certain conditions, ensuring that any unresolved issues regarding employee classification and wage rates were to be subject to further negotiation between the parties. The agreement was to be registered with the Fair Work Commission, effective from the date of the decision.

Far North Queensland Ports Corporation Limited trading as Ports North

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established