Gladstone Ports Corporation Limited Trading AS Gladstone Ports Corporation

[2025] FWCA 2080

[2025] FWCA 2080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gladstone Ports Corporation Limited Trading AS Gladstone Ports Corporation

(AG2025/1852)

GLADSTONE PORTS CORPORATION ENTERPRISE AGREEMENT 2024

Port authorities
COMMISSIONER HUNT	BRISBANE, 25 JUNE 2025

Application for approval of the Gladstone Ports Corporation Enterprise Agreement 2024

1. Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation (the Employer) has applied for approval of an enterprise agreement known as the Gladstone Ports Corporation Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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 Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 May 2024 and the Agreement was made on 11 June 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers’ Union (AWU), the Mining and Energy Union (MEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Plumbers Union), the Australian Municipal, Administrative, Clerical and Services Union (ASU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Trades Union (ETU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The ASU expressed that it was comfortable with the undertakings proposed by the Employer. The Plumbers Union and the AWU advised that they accepted the undertakings.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. On 13 June 2025, the Employer advised the Commission that during the access period for the Agreement, it identified minor clerical and administrative errors in the version of the Agreement issued for ballot. The Employer identified the following errors:

1. Schedule B, Clause F7a (page 93) – The roster arrangement for Electrician/Refrigeration employees had not been updated to reflect the arrangement agreed during bargaining.

2. Clause 2, paragraph 12 of the Production Classification Structure (page 51) – The word “and” was used instead of “or” between Relief Process and Relief Resource Coordinator, which was contrary to the intended interpretation.

3. Appendix One, Earthworks Supervisor Workplace Specific Agreement (page 127) – The references to “35 hr” and “36 hr” were inadvertently transposed in reference to the applicable hourly rates.

1. The Employer submitted these errors were clerical in nature and constitute obvious errors within the meaning of s.218A(1) of the Act. The Employer therefore requested that the Commission exercise its discretion under s.218A of the Act to vary the Agreement to correct the errors. The ASU, the ETU and the AWU each advised that it supported, or did not take issue with, the Commission exercising its discretion under s.218A of the Act to make the corrections sought by the Employer.

1. I am satisfied that the errors identified by the Employer are obvious clerical errors within the meaning of s.218A of the Act. Accordingly, I exercise my discretion to vary the Agreement under s.218A of the Act to correct the obvious errors identified. The variation sought will operate from the operative date of the Agreement, being 2 July 2025. The version of the Agreement filed by the Employer with the approval application incorporates the corrections. Accordingly, the Agreement is varied by publishing the version of the Agreement filed with the approval application.

1. I have taken into consideration the material filed in the Commission. 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. For the purpose s.186(3) of the Act, I note that the Agreement covers all of the employees of the Employer.

1. The AMWU, the MEU, the Plumbers Union, the ASU, the AMWU and the ETU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529466  PR788562>

Annexure A – Undertakings