Fremantle Port Authority T/A Fremantle Ports
[2022] FWCA 3045
•1 SEPTEMBER 2022
| [2022] FWCA 3045 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fremantle Port Authority T/A Fremantle Ports
(AG2022/3274)
Fremantle Ports Operations and Services Enterprise Agreement 2022
| Port authorities | |
| COMMISSIONER SCHNEIDER | PERTH, 1 SEPTEMBER 2022 |
Application for approval of the Fremantle Ports Operations and Services Enterprise Agreement 2022
Fremantle Port Authority T/A Fremantle Ports has made an application for the approval of an enterprise agreement known as the Fremantle Ports Operations and Services Enterprise Agreement 2022 (the Agreement). The application was made in the Fair Work Commission (the Commission) under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Commission sought information on several aspects of the Agreement. The Applicant provided responses to the Commission’s questions and a draft undertaking to remedy any areas of concern.
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 by the Applicant. The Construction, Forestry, Maritime, Mining and Energy Union (The Maritime Union of Australia Division) (MUA) raised an issue with the undertaking.
The application was the subject of a conference on 22 August 2022. The conference was attended by a representative from the Applicant and a representative from the MUA. In the conference, the representative of the MUA provided further clarification on the issue raised. The Applicant’s representative provided an explanation and clarification in response. The parties came to an agreement on a resolution to amend the undertaking.
The Applicant provided an amended written undertaking. A copy of that 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.
Again, in compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought in response to the amended undertaking. The MUA informed the Commission they were agreeable with the amended undertaking.
Having conducted the conference, which resulted in the parties coming to an agreement on the issues raised by the MUA, I am satisfied the Agreement should be approved.
Subject to the undertaking attached to the Agreement, 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 MUA, 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 MUA is covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 8 March 2025.
COMMISSIONER
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