DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fremantle Port Authority T/A Fremantle Ports
(AG2021/6539)

FREMANTLE PORTS ADMINISTRATION & MANAGEMENT ENTERPRISE AGREEMENT 2021

Port authorities
COMMISSIONER LEE	MELBOURNE, 31 AUGUST 2021

Application for approval of the Fremantle Ports Administration & Management Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fremantle Ports Administration & Management Enterprise Agreement 2021 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Maritime Officers’ 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 34.1 - Termination on Notice.

However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2021. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Fremantle Port Authority, trading as Fremantle Ports, and the Maritime Union of Australia. The dispute centred around the application for the approval of the Fremantle Ports Administration & Management Enterprise Agreement 2021. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues that the Commission had to address included whether the agreement contained the requisite good faith bargaining provisions, if it was free from any prohibited content, and whether it complied with the minimum standards prescribed by the Act. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, including adequate protections for employees' rights and interests.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement demonstrated good faith bargaining and did not contain any prohibited content. The Commission was satisfied that the agreement met the necessary standards under the Act, providing for fair and reasonable terms and conditions for employees. Consequently, the Commission approved the Fremantle Ports Administration & Management Enterprise Agreement 2021.

The Fair Work Commission approved the Fremantle Ports Administration & Management Enterprise Agreement 2021, finding it met the necessary criteria under the Fair Work Act 2009. The agreement was deemed to reflect good faith bargaining, be free from prohibited content, and comply with the minimum standards set forth by the Act.

Fremantle Port Authority T/A Fremantle Ports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established