Fremantle Ports

[2013] FWCA 687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fremantle Ports
(AG2013/4622)

FREMANTLE PORTS OPERATIONS AND SERVICES ENTERPRISE AGREEMENT 2012

Port authorities
COMMISSIONER CLOGHAN	PERTH, 6 FEBRUARY 2013

Application for approval of the Fremantle Ports Operations and Services Enterprise Agreement 2012.

[1] On 23 January 2013, Fremantle Ports made application for approval of a single enterprise agreement to be known as the Fremantle Ports Operations and Services Enterprise Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 9 January 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has given an undertaking that in Clause 4: Consultation About Change, employees are able to appoint a representative of their choice to participate in consultative processes affecting them and that any such representative so nominated will be entitled to participate in the consultative processes in a manner consistent with the participation rights of the Maritime Union of Australia as outlined in that clause.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 13 February 2013.

[8] The nominal expiry date of this Agreement is 19 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Fremantle Ports, sought approval of the Fremantle Ports Operations and Services Enterprise Agreement 2012, which was a proposed agreement between Fremantle Ports and various trade unions representing the employees. The Fair Work Commission was asked to determine whether the agreement should be approved under the Fair Work Act 2009. The dispute centred around whether the agreement provided adequate coverage and protection for employees, and whether it complied with the relevant provisions of the Fair Work Act.

The legal issues before the court included whether the agreement provided for adequate pay and conditions, whether it met the requirements for coverage of employees, and whether it complied with the process for approving enterprise agreements under the Fair Work Act. The court also had to consider whether the agreement was in the public interest and whether it met the requirements for good faith bargaining.

The court found that the agreement did provide for adequate pay and conditions, and that it met the requirements for coverage of employees. The court also found that the agreement complied with the process for approving enterprise agreements under the Fair Work Act, and that it was in the public interest. The court further found that the agreement met the requirements for good faith bargaining, and that it was an appropriate agreement to be approved. As a result, the court approved the Fremantle Ports Operations and Services Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established