DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mid West Ports Authority
(AG2017/3302)

MID WEST PORTS AUTHORITY GENERAL STAFF ENTERPRISE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Mid West Ports Authority General Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mid West Ports Authority General Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mid West Ports Authority. The agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement contained a minor error in the contents page and the numbering throughout the agreement. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Australian Maritime Officers’ 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved 21 November 2017 and, in accordance with s.54, will operate from 28 November 2017. The nominal expiry date of the Agreement is 21 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mid West Ports Authority, sought approval for the Mid West Ports Authority General Staff Enterprise Agreement 2017 from the Fair Work Commission. The applicant argued that the agreement was necessary for the efficient operation of the port and its services. The Commission was required to determine whether the agreement was in the public interest and met the criteria set out in the Fair Work Act 2009. The primary legal issues revolved around whether the agreement met the requirements for approval under the Act, including whether it was fair and reasonable, and whether it would have a detrimental effect on the operation of the port.

The Commission found that the agreement was fair and reasonable, and would not have a detrimental effect on the operation of the port. The applicant demonstrated that the agreement was necessary for the efficient operation of the port and its services. The Commission also found that the agreement met the requirements for approval under the Act, including the requirement that it be in the public interest. The applicant had shown that the agreement would benefit the public by ensuring the efficient operation of the port and its services.

The Commission approved the Mid West Ports Authority General Staff Enterprise Agreement 2017. The Commission found that the agreement was fair and reasonable, and met the requirements for approval under the Act. The Commission also found that the agreement was in the public interest and would not have a detrimental effect on the operation of the port. The Commission approved the agreement on the basis that it would ensure the efficient operation of the port and its services, and would benefit the public.

Mid West 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