Fremantle Port Authority T/A Fremantle Ports

[2024] FWCA 4151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fremantle Port Authority T/A Fremantle Ports

(AG2024/4187)

FREMANTLE PORTS MARINE SERVICES ENTERPRISE AGREEMENT 2024.

Port authorities
COMMISSIONER SCHNEIDER	PERTH, 26 NOVEMBER 2024

Application for approval of the Fremantle Ports Marine Services Enterprise Agreement 2024.

Fremantle Port Authority T/A Fremantle Ports (the Applicant) has made an application for the approval of an enterprise agreement known as the Fremantle Ports Marine Services Enterprise Agreement 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.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Port Authorities Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 December 2024. The nominal expiry date of the Agreement is 19 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fremantle Port Authority, trading as Fremantle Ports, applied to the Fair Work Commission for approval of the Fremantle Ports Marine Services Enterprise Agreement 2024. The application was opposed by the Maritime Union of Australia. The dispute centred around the provisions of the proposed agreement, particularly those relating to the classification and pay rates for marine service workers. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the proposed agreement provided for a fair and efficient workplace, taking into account the principles of the Act. This included assessing if the agreement provided for the fair classification and remuneration of employees, and whether it complied with any relevant national employment standards. The Commission also needed to consider if the agreement facilitated productive and harmonious workplace relations, and whether it contained provisions that were contrary to public policy or contrary to the public interest.

After considering the submissions and evidence from both parties, the Fair Work Commission found that the Fremantle Ports Marine Services Enterprise Agreement 2024 was fair and efficient. The Commission determined that the agreement provided for the fair classification and remuneration of employees and did not contain any provisions that were contrary to public policy or the public interest. The Commission approved the agreement, noting that it facilitated productive and harmonious workplace relations. The Maritime Union of Australia's opposition was dismissed.

The Fair Work Commission approved the Fremantle Ports Marine Services Enterprise Agreement 2024, dismissing the Maritime Union of Australia's opposition. The Commission found that the agreement was fair and efficient, provided for fair classification and remuneration of employees, and did not contain any provisions that were contrary to public policy or the public interest. The Commission's decision was based on the evidence and submissions presented by both parties, and the principles set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established