Mid West Ports Authority

[2021] FWCA 6959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mid West Ports Authority
(AG2021/8006)

MID WEST PORTS AUTHORITY GENERAL STAFF ENTERPRISE AGREEMENT 2021

Port authorities
COMMISSIONER P RYAN	SYDNEY, 2 DECEMBER 2021

Application for approval of the Mid West Ports Authority General Staff 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 General Staff 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) 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 AMOU.

Approval

[7] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Mid West Ports Authority filed an application for the approval of the Mid West Ports Authority General Staff Enterprise Agreement 2021 with the Fair Work Commission. The dispute was centred on whether the proposed terms and conditions of employment were consistent with the Fair Work Act 2009. The Commission was tasked with assessing the fairness of the agreement and its compliance with relevant legislative provisions.

The legal issues before the Commission included whether the proposed agreement adequately addressed the principles of enterprise bargaining, whether it met the criteria for "no disadvantage" as outlined in the Act, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement appropriately balanced the interests of both employers and employees and whether it adhered to the statutory requirements set forth in the Fair Work Act.

In its decision, the Commission examined the submissions from both parties and the broader context of the enterprise agreement. The Commission found that the proposed agreement was fair and reasonable, providing a balanced approach that met the criteria for approval. The Commission was satisfied that the agreement did not result in any party suffering a disadvantage and that it complied with the legislative framework. Consequently, the application for approval was granted, and the Mid West Ports Authority General Staff Enterprise Agreement 2021 was approved in its entirety.

The Fair Work Commission approved the Mid West Ports Authority General Staff Enterprise Agreement 2021, confirming that it met all the statutory requirements for fairness and reasonableness. The decision ensures that the agreement is now in force, providing a framework for the employment conditions of the relevant staff within the Authority.

Regulation 2.06A Requirements

Section 190 Undertakings

Sections 186, 187, 188 and 190

National Employment Standards

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established