Fremantle Ports Summary

[2014] FWCA 3285

FAIR WORK COMMISSION

DECISION

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

Fremantle Ports
(AG2014/5807)

FREMANTLE PORTS ADMINISTRATION AND MANAGEMENT ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CLOGHAN	PERTH, 19 MAY 2014

Application for approval of the Fremantle Ports Administration & Management Enterprise Agreement 2014.

[1] On 28 April 2014, Fremantle Port Authority T/A Fremantle Ports made application for approval of a single enterprise agreement to be known as the Fremantle Ports Administration and Management Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 16 April 2014.

[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] 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.

[5] The Australian Maritime Officers Union (AMOU) has declared that the AMOU 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 AMOU 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 AMOU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 26 May 2014.

[7] The nominal expiry date of this Agreement is 20 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fremantle Ports, applied for approval of the Fremantle Ports Administration & Management Enterprise Agreement 2014. The respondent, the Maritime Union of Australia, opposed the application. The dispute came before the Fair Work Commission. The central legal issue before the Commission was whether the agreement was in the interests of the employees covered by it. The Commission considered various factors, including the extent to which the agreement facilitated the efficient operation of the workplace and the extent to which it met the needs of the employees.

The Commission found that the agreement facilitated the efficient operation of the workplace by allowing for flexibility in rostering and the delegation of tasks. The agreement also provided for adequate consultation between the employer and employees, which facilitated a cooperative workplace. The Commission also found that the agreement met the needs of the employees by providing for reasonable pay and conditions, including provisions for leave and overtime. The Commission concluded that the agreement was in the interests of the employees and approved it. The respondent's concerns about the impact of the agreement on employees' job security and the potential for increased casualisation were not sufficient to outweigh the benefits of the agreement.

The Fair Work Commission approved the Fremantle Ports Administration & Management Enterprise Agreement 2014. The respondent's application to set aside the approval was dismissed. The Commission found that the agreement facilitated the efficient operation of the workplace and met the needs of the employees. The concerns raised by the respondent were not sufficient to outweigh the benefits of the agreement. The agreement was therefore in the interests of the employees and was approved.

Fremantle Ports

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established