DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kimberley Ports Authority
(AG2015/5636)

KIMBERLEY PORTS AUTHORITY ADMINISTRATION & FINANCE EMPLOYEES ENTERPRISE AGREEMENT 2014

Port authorities
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2015

Application for approval of the Kimberley Ports Authority Administration & Finance Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kimberley Ports Authority Administration & Finance Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kimberley Ports Authority. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 15 October 2015 and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Kimberley Ports Authority, sought approval of the Kimberley Ports Authority Administration & Finance Employees Enterprise Agreement 2014, under the Fair Work Act 2009. The respondents, represented by the Australian Council of Trade Unions and the Australian Services Union, objected to the application, arguing that the agreement did not adequately protect the employees' interests. The case was heard in the Fair Work Commission, which is the primary body responsible for the resolution of workplace disputes in Australia.

The central legal issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for the fair and efficient resolution of workplace disputes, whether it provided for a fair and efficient process for the negotiation of future agreements, and whether it contained appropriate dispute resolution provisions. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient process for the negotiation of future agreements, and whether it contained appropriate dispute resolution provisions.

The Commission found that the agreement met all the necessary requirements for registration under the Fair Work Act. The agreement provided for the fair and efficient resolution of workplace disputes, including a process for the negotiation of future agreements. The agreement also contained appropriate dispute resolution provisions, which were consistent with the principles of the Fair Work Act. The Commission also found that the agreement provided for a fair and efficient process for the negotiation of future agreements, and that it contained appropriate dispute resolution provisions. Therefore, the Commission approved the agreement, and it was registered on the Fair Work Register.

In summary, the Fair Work Commission approved the Kimberley Ports Authority Administration & Finance Employees Enterprise Agreement 2014, finding that it met all the necessary requirements for registration under the Fair Work Act. The agreement provides for the fair and efficient resolution of workplace disputes, a fair and efficient process for the negotiation of future agreements, and appropriate dispute resolution provisions. The agreement was registered on the Fair Work Register, and the applicants' application for approval was successful.

Kimberley Ports Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established