Geraldton Port Authority

[2013] FWCA 4955

FAIR WORK COMMISSION

DECISION

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

Geraldton Port Authority
(AG2013/7506)

GERALDTON PORT AUTHORITY MARINE PILOTS AGREEMENT 2013

Port authorities
COMMISSIONER CLOGHAN	PERTH, 23 JULY 2013

Application for approval of the Geraldton Port Authority Marine Pilots Agreement 2013.

[1] On 11 July 2013, Geraldton Port Authority made application for approval of a single enterprise agreement to be known as the Geraldton Port Authority Marine Pilots Agreement 2013 (“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 10 July 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] 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 Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 30 July 2013.

[6] The nominal expiry date of this Agreement is 22 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Geraldton Port Authority sought approval for the Geraldton Port Authority Marine Pilots Agreement 2013 from the Full Bench of the Fair Work Commission. The application was brought under the Fair Work Act 2009, specifically section 234, which provides that an enterprise agreement may be approved by the Commission if it satisfies certain criteria. The nature of the dispute was whether the agreement met these criteria, particularly in relation to the process by which it was made.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act. This included whether the agreement had been made fairly and in good faith, and whether it had been properly negotiated. The Commission also had to consider whether the agreement complied with the provisions of the Act regarding its content and whether it met the standards of public policy as outlined in the Act.

The Full Bench of the Fair Work Commission found that the agreement had been made in accordance with the procedural requirements of the Act. The Commission was satisfied that the agreement had been made fairly and in good faith, and that it had been properly negotiated. The Commission also found that the agreement complied with the provisions of the Act regarding its content and met the standards of public policy. Accordingly, the Commission approved the agreement under section 234 of the Fair Work Act.

The Full Bench of the Fair Work Commission approved the Geraldton Port Authority Marine Pilots Agreement 2013. The Commission found that the agreement had been made in accordance with the procedural requirements of the Act, had been made fairly and in good faith, and had been properly negotiated. The agreement also complied with the provisions of the Act regarding its content and met the standards of public policy.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established