DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports
(AG2021/5453)

GIPPSLAND PORTS ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER YILMAZ	MELBOURNE, 23 JUNE 2021

Application for approval of the Gippsland Ports Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Ports Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] I observe that clause 15.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Institute of Marine and Power Engineers, the Australian Maritime Officers Union, The Association of Professional Engineers Australia and The Maritime Union of Australia Division of 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 30 June 2021. The nominal expiry date of the Agreement is 10 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The 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 2020. The application was made by the employer under section 231 of the Fair Work Act 2009, seeking the agreement to be approved as a registered agreement. The applicant argued that the agreement was in accordance with the requirements of the Act, including the good faith bargaining provisions, and that it was fair and reasonable.

The primary legal issue before the Commission was whether the Gippsland Ports Enterprise Agreement 2020 met the criteria for approval under the Fair Work Act. This involved determining if the agreement was the product of good faith bargaining, if it contained all the mandatory terms and conditions, and if it was fair and reasonable. The Commission had to consider the nature of the bargaining process, the extent of any departures from the mandatory terms, and the overall fairness of the agreement.

The Fair Work Commission found that the Gippsland Ports Enterprise Agreement 2020 was the product of good faith bargaining and contained all the mandatory terms and conditions. The Commission was satisfied that the agreement was fair and reasonable, taking into account the economic circumstances and the bargaining positions of the parties. The Commission noted the complexity of the bargaining process and the various stages of negotiation that led to the final agreement. The Commission also considered the evidence of the parties and their respective representatives, as well as the broader context of the industry and the bargaining environment.

The Fair Work Commission approved the Gippsland Ports Enterprise Agreement 2020, effective from 1 July 2020. The Commission determined that the agreement was fair and reasonable and met all the requirements of the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are protected and regulated by the agreement, providing a stable and predictable industrial relations environment for the parties involved.

Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established