DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports
(AG2018/5824)

GIPPSLAND PORTS ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Gippsland Ports Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Ports Enterprise Agreement 2016 (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 observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 15.5 – Abandonment of employment;

• Clause 30.1 – Annual leave; and

• Clause 13.3 – Should an employee not properly be classified as a casual employee.

However, noting clause 1.6 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.

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

[4] The Australian Maritime Officers’ Union, the Construction, Forestry, Maritime, Mining and Energy Union, The Australian Institute of Marine and Power Engineers, and The Association of Professional Engineers, Scientists and Managers, 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2018. The nominal expiry date of the Agreement is 10 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gippsland Ports Committee of Management Incorporated, trading as Gippsland Ports, applied to the Fair Work Commission for approval of the Gippsland Ports Enterprise Agreement 2016. The application arose due to a dispute between Gippsland Ports and the Maritime Officers’ Association of Australia regarding the terms of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the Gippsland Ports Enterprise Agreement 2016 complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the criteria for good faith bargaining and if it contained provisions that were necessary for the efficient operation of the port. The Commission also examined whether the agreement unfairly disadvantaged any party and whether it included all the mandatory terms and conditions as stipulated by the Act.

The Fair Work Commission found that the Gippsland Ports Enterprise Agreement 2016 was largely consistent with the requirements of the Fair Work Act 2009. The Commission determined that the agreement was the product of good faith bargaining and contained necessary provisions for the efficient operation of Gippsland Ports. Furthermore, the Commission concluded that the agreement did not unfairly disadvantage any party and included all mandatory terms and conditions. As a result, the Fair Work Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission’s decision was final and binding, and the Gippsland Ports Enterprise Agreement 2016 was approved for implementation. This outcome ensured that the agreement would regulate the employment terms and conditions for the relevant employees at Gippsland Ports, providing a clear framework for industrial relations within the organisation.

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