DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Port Pty Ltd
(AG2015/7501)

PATRICK GEELONG PORT ENTERPRISE AGREEMENT 2014

Port authorities
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 21 DECEMBER 2015

Application for approval of the Patrick Geelong Port Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Geelong Port Enterprise Agreement 2014. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Port Pty Ltd. The agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), The Maritime Union of Australia (MUA) and The Australian Maritime Officers’ Union (AMOU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. The nominal expiry date of the Agreement is 7 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geelong Port Pty Ltd applied for the Fair Work Commission's approval of the Patrick Geelong Port Enterprise Agreement 2014. The applicant, Geelong Port, is the operator of the Geelong Port and sought to approve the agreement which was negotiated with the Maritime Union of Australia (MUA). The nature of the dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement provided for appropriate employee representation and consultation, if it ensured procedural fairness for employees, and whether it contained adequate terms regarding wages, conditions, and dispute resolution. Additionally, the court needed to determine if the agreement was made in good faith and without coercion.

The court's reasoning focused on the statutory requirements outlined in the Fair Work Act. It found that the agreement provided for adequate employee representation and consultation mechanisms, ensuring procedural fairness. The agreement also contained terms regarding wages, conditions, and dispute resolution, which met the legislative standards. The court concluded that the agreement was made in good faith and without coercion, as evidenced by the negotiation process and the absence of any undue influence. As a result, the court approved the Patrick Geelong Port Enterprise Agreement 2014.

The final orders included the approval of the enterprise agreement, which would now be binding on Geelong Port, its employees, and the MUA. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the approval decision.

Geelong Port Pty Ltd

DECISION

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