Mid West Ports Authority

[2021] FWCA 6961

[2021] FWCA 6961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mid West Ports Authority
(AG2021/8013)

MID WEST PORTS AUTHORITY MAINTENANCE, OPERATOR & MARINE SPECIALIST ENTERPRISE AGREEMENT 2021

Port authorities
COMMISSIONER P RYAN	SYDNEY, 2 DECEMBER 2021

Application for approval of the Mid West Ports Authority Maintenance, Operator & Marine Specialist Enterprise Agreement 2021

[1] Mid West Ports Authority (the Employer) has made an application for approval of an enterprise agreement known as the Mid West Ports Authority Maintenance, Operator & Marine Specialist Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

[3] The employer 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.

Sections 186, 187, 188 and 190

[4] 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.

National Employment Standards

[5] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting 4.4 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining representatives

[6] The Australian Maritime Officers Union (AMOU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[7] In accordance with s.201(2), I note that the Agreement covers the AMOU and the CFMMEU.

Approval

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2021. The nominal expiry date of the Agreement is 9 December 2024.

COMMISSIONER

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