Fremantle Port Authority T/A Fremantle Ports

[2022] FWCA 2048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fremantle Port Authority T/A Fremantle Ports

(AG2022/1884)

Fremantle Ports Bulk & General Stevedoring EnterpriseAgreement 2022

Port authorities
COMMISSIONER WILSON	MELBOURNE, 22 JUNE 2022

Application for approval of the Fremantle Ports Bulk and General Stevedoring Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Fremantle Ports Bulk and General Stevedoring Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fremantle Port Authority T/A Fremantle Ports. 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 Construction, Forestry, Maritime, Mining and Energy 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 29 June 2022. The nominal expiry date of the Agreement is 29 December 2024.

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 the approval of the Fremantle Ports Bulk and General Stevedoring Enterprise Agreement 2022. The nature of the dispute was whether the agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009, including provisions relating to employee representation and procedural fairness.

The legal issues the court was required to decide included whether the agreement was genuinely bargained, if the requisite majority of employees had approved it, and if the procedural fairness requirements had been met. The court examined whether Fremantle Ports had engaged appropriately with employee representatives, if there was adequate disclosure of information, and if the employees had been given a reasonable opportunity to discuss and vote on the agreement.

The court concluded that the agreement was genuinely bargained and met the majority approval requirement. The court found that Fremantle Ports had appropriately engaged with employee representatives and ensured adequate disclosure of information. The procedural fairness requirements were also met, as employees were given a reasonable opportunity to discuss and vote on the agreement. Consequently, the court approved the Fremantle Ports Bulk and General Stevedoring Enterprise Agreement 2022. The final orders included the approval of the enterprise agreement and a direction for its registration with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established