Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation

[2021] FWCA 5973

[2021] FWCA 5973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation
(AG2021/7325)

GLADSTONE PORTS CORPORATION ENTERPRISE AGREEMENT 2020

Port authorities
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 SEPTEMBER 2021

Application for approval of the Gladstone Ports Corporation Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gladstone Ports Corporation 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 Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division (ETU) and Plumbing Division (PPTEU), the Construction, Forestry, Maritime, Mining and Energy Union, the Australian Workers’ Union, the Australian Municipal, Administrative, Clerical and Services Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2021. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513232  PR734257>

Annexure A