DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Far North Queensland Ports Corporation T/A Ports North
(AG2018/897)

PORTS NORTH MARINE PILOTS ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2018

Application for approval of the Ports North Marine Pilots Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ports North Marine Pilots Enterprise Agreement 2017 (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 T/A Ports North. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Far North Queensland Ports Corporation trading as Ports North, applied for the approval of the Ports North Marine Pilots Enterprise Agreement 2017. The applicant's case was that the agreement had been negotiated in good faith, contained appropriate protections for employees, and met the requirements of the Fair Work Act 2009. The Australian Maritime Pilots' Association, representing the marine pilots, opposed the application, arguing that the agreement did not adequately protect the pilots' interests.

The court was required to determine whether the agreement had been negotiated in good faith, whether it contained appropriate protections for employees, and whether it met the statutory requirements under the Fair Work Act 2009. The court also needed to consider whether the agreement was in the best interests of the employees and whether it promoted the efficient operation of the workplace.

The court found that the agreement had been negotiated in good faith and contained appropriate protections for employees. The court considered the evidence provided by both parties and concluded that the agreement was fair and reasonable. The court also found that the agreement met the statutory requirements under the Fair Work Act 2009. The court was satisfied that the agreement promoted the efficient operation of the workplace and was in the best interests of the employees. The court approved the agreement.

The court's decision was that the Ports North Marine Pilots Enterprise Agreement 2017 was approved. The court made an order approving the agreement and declared that it would be binding on the parties from the date of the order. The agreement was to remain in force until it was terminated or varied in accordance with its terms.

Far North Queensland Ports Corporation 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