Flinders Ports Pty Ltd

[2025] FWCA 101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Flinders Ports Pty Ltd

(AG2024/5085)

FLINDERS PORTS MARINE PILOTS ENTERPRISE AGREEMENT 2024

Stevedoring industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 13 JANUARY 2025

Application for approval of the Flinders Ports Marine Pilots Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Flinders Ports Marine Pilots Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flinders Ports Pty Ltd. The Agreement is a single enterprise agreement.

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, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2025. The nominal expiry date of the Agreement is 13 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flinders Ports Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Flinders Ports Marine Pilots Enterprise Agreement 2024. The application was brought under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for marine pilots working for Flinders Ports. The applicants sought to ensure that the agreement would meet the legal requirements for registration and would provide a fair and efficient framework for the employment of marine pilots.

The primary legal issues before the FWC were whether the agreement contained all the prescribed terms and conditions, whether it was made in good faith and without coercion, and whether it would provide for the fair and efficient operation of Flinders Ports. The FWC had to consider whether the agreement met the statutory requirements for approval and whether it provided for appropriate protections and benefits for the employees.

The FWC found that the agreement contained all the necessary prescribed terms and conditions and was made in good faith and without coercion. The commission also found that the agreement would provide for the fair and efficient operation of Flinders Ports. The FWC took into account the need to balance the interests of both the employer and the employees, ensuring that the agreement would promote productivity and efficiency while also providing for fair and reasonable terms and conditions of employment.

The FWC approved the Flinders Ports Marine Pilots Enterprise Agreement 2024. The commission found that the agreement met the statutory requirements for registration and would provide for appropriate protections and benefits for the employees. The FWC's decision was based on the evidence presented and the commission's consideration of the relevant legal principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established