Gippsland Ports Committee Of Management Incorporated T/A Gippsland Ports

[2024] FWCA 2320

[2024] FWCA 2320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Gippsland Ports Committee Of Management Incorporated T/A Gippsland Ports

(AG2024/2081)

GIPPSLAND PORTS ENTERPRISE AGREEMENT 2023

Port authorities
COMMISSIONER CONNOLLY	MELBOURNE, 25 JUNE 2024

Application for approval of the Gippsland Ports Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Gippsland Ports Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gippsland Ports Committee Of Management Incorporated T/A Gippsland Ports (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 18 June 2024.

1. The notification time for the Agreement under s.173(2) was 6 June 2023 and the Agreement was made on 30 May 2024.  Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1] 

1. The “The Australian Maritime Officers’ Union”, “The Australian Institute of Marine and Power Engineers”, “The Association of Professional Engineers, Scientists and Managers, Australia” and “The Maritime Union of Australia” 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) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 10 October 2027.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

<AE525148  PR776276>