DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GeelongPort Pty Ltd
(AG2018/1534)

GEELONGPORT ENTERPRISE AGREEMENT 2017

Port authorities
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2018

Application for approval of the GeelongPort Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GeelongPort Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GeelongPort Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Maritime Officers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 27 June 2018 and, in accordance with s.54, will operate from 4 July 2018. The nominal expiry date of the Agreement is 7 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GeelongPort Pty Ltd is the subject of an application for the approval of the GeelongPort Enterprise Agreement 2017. The dispute involves the terms of the enterprise agreement and whether they comply with the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications. The central issue before the court was whether the enterprise agreement met the necessary criteria for approval, particularly regarding the procedural fairness and the good faith bargaining provisions outlined in the Fair Work Act. The court needed to determine if the agreement was made in good faith, if there was procedural fairness in its creation, and if it complied with the provisions of the Act.

The Fair Work Commission examined the evidence and submissions from both parties to assess if the enterprise agreement was indeed made in good faith and if the bargaining process was procedurally fair. The court considered the submissions made by GeelongPort and the objections raised by the opposing party. The Commission found that the agreement had been negotiated in good faith and that the process was fair. The Commission was satisfied that the agreement complied with the statutory requirements and was thus approved.

The Commission's decision was based on a detailed analysis of the bargaining process and the content of the agreement. The court held that the parties had engaged in genuine discussions and that the agreement reflected the outcome of these discussions. The Commission concluded that the agreement was fair and met the necessary legal standards. As a result, the GeelongPort Enterprise Agreement 2017 was approved.

GeelongPort Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established