Gippsland Ports Committee Of Management Incorporated T/A Gippsland Ports

[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

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.

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

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]

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.

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.

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

CaseChat Overview and Summary

The applicants, Gippsland Ports Committee of Management Incorporated trading as Gippsland Ports, applied to the Fair Work Commission for the approval of the Gippsland Ports Enterprise Agreement 2023. The application arose from negotiations between Gippsland Ports and the Maritime Union of Australia, which represented the employees of Gippsland Ports. The dispute centred on the terms and conditions of employment for the employees, particularly those working under the agreement. The application was heard in the Fair Work Commission of Australia.

The central legal issues before the Commission involved the validity of the agreement, including whether it complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms and conditions of employment, covered all necessary aspects of employment, and was free from any unfair content. The Commission also needed to assess whether the agreement had been made in good faith and whether the necessary procedural requirements were met, such as adequate consultation and provision of necessary information to the employees.

In its decision, the Commission examined the provisions of the proposed agreement, the process through which it was negotiated, and the evidence of consultation and good faith. The Commission found that the agreement met all the statutory requirements. It provided for fair and reasonable terms and conditions, covered all necessary aspects of employment, and contained no unfair content. Furthermore, the evidence demonstrated that the agreement was made in good faith and that all procedural requirements were met. Consequently, the Commission approved the Gippsland Ports Enterprise Agreement 2023.

The Fair Work Commission approved the Gippsland Ports Enterprise Agreement 2023, confirming its compliance with the Fair Work Act 2009. The Commission's decision recognised the agreement as valid and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the agreement. This approval ensures that the agreement will govern the employment relationship between Gippsland Ports and its employees, subject to the terms and conditions set out in the approved document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established