DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kimberley Ports Authority (KPA)
(AG2020/2220)

KPA STEVEDORING & MAINTENANCE ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER WILLIAMS	PERTH, 14 AUGUST 2020

Application for approval of the KPA Stevedoring & Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the KPA Stevedoring & Maintenance 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 Kimberley Ports Authority (KPA). The Agreement is a single enterprise agreement.

[2] 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] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2020. The nominal expiry date of the Agreement is 13 August 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Kimberley Ports Authority sought approval for the Stevedoring and Maintenance Enterprise Agreement 2020. The application was brought before the Fair Work Commission (FWC) by the Authority, with the Maritime Union of Australia objecting to the application on various grounds. The dispute centred on the terms and conditions of employment within the agreement, including issues such as wages, hours of work, and other workplace provisions. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues before the Commission were whether the proposed agreement met the requirements under section 234 of the Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions. The Union argued that the agreement did not adequately protect employee interests, particularly in terms of wages and working conditions. The Commission had to weigh these concerns against the Authority's submissions that the agreement was fair and reasonable and provided for appropriate terms and conditions for its employees.

The Commission considered the submissions from both parties and reviewed the provisions of the proposed agreement. It examined whether the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the work, the industry standards, and the bargaining positions of the parties. The Commission found that while the Union had raised valid concerns, the agreement overall provided for fair and reasonable terms and conditions. The Commission concluded that the agreement was not unfair or unreasonable and approved the application.

The Fair Work Commission approved the Stevedoring and Maintenance Enterprise Agreement 2020, determining that it met the necessary standards under the Fair Work Act. The decision confirmed that the agreement provided for fair and reasonable terms and conditions for employees, taking into account the submissions from both the Kimberley Ports Authority and the Maritime Union of Australia.

Kimberley Ports Authority (KPA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established