Flinders Ports Pty Ltd Summary

[2022] FWCA 3549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Flinders Ports Pty Ltd

(AG2022/4012)

Flinders Ports Maine Pilots Enterprise Agreement 2022-2024

Port authorities
COMMISSIONER SCHNEIDER	PERTH, 13 OCTOBER 2022

Application for approval of the Flinders Ports Maine Pilots Enterprise Agreement 2022-2024

Flinders Ports Pty Ltd has made an application for the approval of an enterprise agreement known as the Flinders Ports Maine Pilots Enterprise Agreement 2022-2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Maritime Officers' Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

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CaseChat Overview and Summary

Flinders Ports Pty Ltd applied to the Fair Work Commission for the approval of the Flinders Ports Maine Pilots Enterprise Agreement 2022-2024. The application arose from negotiations between Flinders Ports and the Maritime Union of Australia, which had resulted in a proposed enterprise agreement. The dispute centred on the terms and conditions of employment for pilots working at the Flinders Ports facility in South Australia.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for "protected action" and whether it contained the minimum terms and conditions mandated by the Fair Work Act. The Commission also needed to assess whether the agreement had been negotiated in good faith and if it provided fair and reasonable terms for the employees.

The Commission examined the negotiation process and found that the agreement had been negotiated in good faith between the parties. It then assessed the terms of the proposed agreement against the legislative standards for minimum terms and conditions. The Commission concluded that the agreement contained all the required minimum terms and conditions and that it provided fair and reasonable outcomes for the employees. Given that the agreement met all statutory requirements and had been negotiated in good faith, the Commission approved the Flinders Ports Maine Pilots Enterprise Agreement 2022-2024.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement would now serve as the governing document for the terms and conditions of employment for the pilots at Flinders Ports for the duration of the agreement.

Flinders Ports Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established