DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fremantle Port Authority T/A Fremantle Ports
(AG2018/3148)

FREMANTLE PORT ADMINISTRATION & MANAGEMENT ENTERPRISE AGREEMENT 2018

Port authorities
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2018

Application for approval of the Fremantle Ports Administration & Management Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fremantle Ports Administration & Management Enterprise Agreement 2018 (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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2018. The nominal expiry date of the Agreement is 11 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Fremantle Port Authority trading as Fremantle Ports and the Maritime Union of Australia. The dispute centred around the application for approval of the Fremantle Ports Administration & Management Enterprise Agreement 2018. The case was heard by the Fair Work Commission.

The legal issues before the court included whether the agreement was in the best interests of the employees, whether it complied with relevant legislation and if the agreement had been fairly and appropriately negotiated. The court also needed to determine if the agreement provided a fair and reasonable outcome for both parties, taking into account the economic circumstances and public interest.

In delivering its decision, the Fair Work Commission considered the arguments put forward by both parties and the evidence presented. The court found that the agreement was in the best interests of the employees, was in compliance with relevant legislation, and had been fairly and appropriately negotiated. The agreement was also deemed to provide a fair and reasonable outcome for both parties, taking into account the economic circumstances and public interest. As a result, the court approved the Fremantle Ports Administration & Management Enterprise Agreement 2018.

The final orders of the court included the approval of the Fremantle Ports Administration & Management Enterprise Agreement 2018, with the agreement to be registered with the Fair Work Commission. The agreement was to come into effect from the date of the decision and would remain in force until it was varied, replaced or terminated in accordance with its terms.

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