DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GeelongPort Pty Ltd
(AG2020/4102)

GEELONGPORT ENTERPRISE AGREEMENT 2020

Port authorities
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 FEBRUARY 2021

Application for approval of the GeelongPort Enterprise Agreement 2020.

[1] GeelongPort Pty Ltd has applied for approval of a single enterprise agreement known as the GeelongPort Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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 respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 3 February 2021 and, in accordance with s.54, will operate from 10 February 2021. The nominal expiry date of the Agreement is 7 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GeelongPort Pty Ltd recently came before the Fair Work Commission in a bid to have the GeelongPort Enterprise Agreement 2020 approved. The dispute centred around the terms and conditions outlined in the proposed agreement, which sought to govern the employment relationship between GeelongPort and its employees. The Fair Work Commission, which is tasked with overseeing and regulating workplace relations in Australia, was called upon to determine whether the agreement met the necessary statutory requirements and whether it was fair and reasonable in all respects.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to ascertain whether the proposed agreement was a "single interest enterprise agreement" within the meaning of the Act, and whether it complied with the various provisions and requirements set out in the legislation. Additionally, the Commission had to consider whether the agreement was procedurally fair, given the process through which it was negotiated and agreed upon. This included examining the extent to which the parties had genuinely attempted to negotiate in good faith and whether the agreement reflected a fair and reasonable outcome for all parties involved.

In reaching its decision, the Commission considered a range of factors, including the nature and scope of the proposed agreement, the bargaining positions of the parties, and the extent to which the agreement addressed the needs and interests of the employees. The Commission found that the agreement did, in fact, meet the statutory requirements and was a genuine single interest enterprise agreement. The Commission also found that the agreement was procedurally fair, having been negotiated in good faith and reflecting a fair and reasonable outcome for both GeelongPort and its employees. Consequently, the Commission approved the GeelongPort Enterprise Agreement 2020, thereby resolving the dispute in GeelongPort's favour.

The Fair Work Commission's decision serves as an important reminder for employers and employees alike of the need to ensure that enterprise agreements are negotiated fairly and in good faith, and that they comply with the relevant statutory requirements. This case also highlights the importance of seeking expert legal advice when navigating the complex landscape of workplace relations in Australia.

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