DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Far North Queensland Ports Corporation T/A Ports North
(AG2017/4518)

PORTS NORTH OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2017

Port authorities
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2018

Application for approval of the Ports North Operations and Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ports North Operations and Maintenance 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 Workers’ 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 6 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Far North Queensland Ports Corporation, trading as Ports North, applied for the approval of the Ports North Operations and Maintenance Enterprise Agreement 2017. The applicant is a statutory corporation established under the Transport Administration Act 1994 (Cth), operating as a commercial port authority. The dispute centred on the proposed agreement’s terms and conditions of employment for employees in the operations and maintenance departments. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and if it promoted workplace harmony.

The primary legal issues before the Commission involved assessing whether the agreement complied with the procedural requirements of the Fair Work Act, including whether it was made in good faith and whether it promoted workplace harmony. The Commission also needed to evaluate the agreement's terms and conditions to ensure they did not undermine the minimum entitlements under the National Employment Standards or other applicable awards and agreements. The applicant argued that the agreement was fair and reasonable, while the union representing the employees contended that certain provisions were unfair and did not adequately protect employee interests.

The Commission determined that the agreement was made in good faith and promoted workplace harmony, despite some reservations about certain provisions. It found that while some terms could be considered harsh, they were necessary to address operational challenges and ensure the port's commercial viability. The Commission concluded that the overall balance of the agreement's terms and conditions was fair and reasonable, taking into account the need for flexibility and efficiency in the port operations. The Commission approved the agreement, emphasising the importance of maintaining a cooperative and productive working environment.

The Commission’s final order was to approve the Ports North Operations and Maintenance Enterprise Agreement 2017, subject to the conditions and variations outlined in the decision. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the decision, governing the terms and conditions of employment for the relevant employees.

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