DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Port Pty Limited T/A Flinders Ports
(AG2020/2946)

FLINDERS PORTS MARINE PILOTS AGREEMENT 2020-2022

Port authorities
COMMISSIONER WILLIAMS	PERTH, 10 NOVEMBER 2020

Application for approval of the Flinders Ports Marine Pilots Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Ports Marine Pilots Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flinders Port Pty Limited T/A Flinders Ports. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2020. The nominal expiry date of the Agreement is 31 March 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flinders Port Pty Limited, trading as Flinders Ports, applied to the Fair Work Commission for approval of the Flinders Ports Marine Pilots Agreement 2020-2022. The application was brought under the Fair Work Act 2009, which allows for the approval of enterprise agreements that meet certain criteria. The dispute involved the terms and conditions of employment for marine pilots who operate in the Port of Port Lincoln. The Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues before the Commission included whether the agreement had been made in accordance with the processes set out in the Fair Work Act, whether the agreement provided for proper protections for employees, and whether the agreement contained any terms that were contrary to public policy or contrary to any other law. Additionally, the Commission considered whether the agreement was in the public interest and whether it provided for appropriate dispute resolution mechanisms.

In assessing these issues, the Commission examined the evidence provided by both Flinders Ports and the relevant union. It considered the processes followed in the negotiation of the agreement and the protections provided for employees. The Commission also took into account the public interest and the potential impact of the agreement on the operation of the port. After considering all the evidence and arguments presented, the Commission found that the agreement met the statutory requirements for approval. It concluded that the agreement had been made in accordance with the Fair Work Act, provided adequate protections for employees, and was in the public interest. The Commission approved the Flinders Ports Marine Pilots Agreement 2020-2022.

Flinders Port Pty Limited T/A Flinders Ports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established