Fremantle Port Authority T/A Fremantle Ports

[2022] FWCA 4019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fremantle Port Authority T/A Fremantle Ports

(AG2022/4458)

Fremantle Ports Administration & Management Enterprise Agreement 2022

Port authorities
COMMISSIONER SCHNEIDER	PERTH, 16 NOVEMBER 2022

Application for approval of the Fremantle Ports Administration & Management Enterprise Agreement 2022

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 Administration & Management Enterprise Agreement 2022 (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.

Clause 1.2 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

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 23 November 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fremantle Port Authority, trading as Fremantle Ports, sought approval of the Fremantle Ports Administration & Management Enterprise Agreement 2022 in the Fair Work Commission. The dispute arose from negotiations between Fremantle Ports and the Maritime Union of Australia regarding the terms and conditions of employment for administrative and management staff. The Commission was required to determine whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "registered agreement".

The central legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it had been negotiated in good faith. Additionally, the Commission needed to assess if the agreement provided for a fair and reasonable outcome for both parties and whether it complied with the relevant provisions of the Act.

The Commission found that the agreement did indeed include all the mandatory terms required by the Fair Work Act. The negotiations were conducted in good faith, and the agreement provided for a fair and reasonable outcome for both the employees and the employer. The Commission concluded that the agreement met all the necessary criteria for registration under the Act. Consequently, the Fremantle Ports Administration & Management Enterprise Agreement 2022 was approved and registered by the Fair Work Commission.

The final orders included the registration of the Fremantle Ports Administration & Management Enterprise Agreement 2022, effective from the date of the Commission's decision. The agreement was to apply to the employees covered by the agreement and would remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established