DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fremantle Port Authority
(AG2020/573)

FREMANTLE PORTS MARINE SERVICES ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER YILMAZ	MELBOURNE, 19 MARCH 2020

Application for approval of the Fremantle Ports Marine Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fremantle Ports Marine Services Enterprise Agreement 2020 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 26 March 2020. The nominal expiry date of the Agreement is 19 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fremantle Port Authority, sought approval of the Fremantle Ports Marine Services Enterprise Agreement 2020 under section 232 of the Fair Work Act 2009. The dispute arose as the applicant and the relevant trade union could not reach an agreement on the terms of the proposed enterprise agreement. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act and could be approved as a registered agreement. This involved examining whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The court also needed to determine whether the agreement satisfied the statutory obligations, such as those concerning the protection of employees' rights and interests.

The court examined the evidence and submissions from both parties, focusing on the negotiation process, the terms of the agreement, and compliance with the relevant legislative provisions. The court concluded that the agreement was fair and reasonable, made in good faith, and complied with the statutory obligations. The court found that the agreement provided adequate protections for employees and addressed key issues, such as wages, hours of work, and other conditions of employment. The court also considered the views of the employees and the overall public interest in the resolution of the dispute.

The court approved the Fremantle Ports Marine Services Enterprise Agreement 2020 and made the necessary orders for its registration. The agreement was to be registered as a registered agreement under the Fair Work Act, effective from the date of the court's decision. The court's decision brought finality to the dispute and provided a framework for the terms and conditions of employment for the relevant employees within the Fremantle Port Authority.

Fremantle Port Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established