Mid West Ports Authority

[2017] FWCA 6010

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mid West Ports Authority

(AG2017/4046)

Mid West Ports Authority Marine Pilots Enterprise Agreement 2017

Marine tourism and charter vessels
Deputy President Gostencnik	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the Mid West Ports Authority Marine Pilots Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Mid West Ports Authority Marine Pilots 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.

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.

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.

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.

The Agreement was approved on 16 November 2017 and, in accordance with s.54, will operate from 23 November 2017. The nominal expiry date of the Agreement is 16 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Mid West Ports Authority sought approval of the Mid West Ports Authority Marine Pilots Enterprise Agreement 2017. The application was brought before the Fair Work Commission. The agreement had been entered into by the Authority and the Maritime Union of Australia. The nature of the dispute centred on whether the agreement complied with the statutory requirements under the Fair Work Act 2009. The primary concern was whether the agreement appropriately facilitated the efficient, productive, and profitable operation of the Authority, as mandated by the legislation.

The Commission examined whether the agreement met the "better off overall test," which required that the employees be no worse off and at least some employees be better off financially under the new agreement compared to the existing conditions. Additionally, the Commission assessed whether the agreement appropriately balanced the interests of the employees, the employer, and the public. The Maritime Union of Australia argued that the agreement was fair and reasonable, while the Authority contended that it did not sufficiently meet the statutory obligations.

The Fair Work Commission found that the agreement did not meet the better off overall test. The Commission determined that the proposed agreement did not sufficiently ensure the efficient, productive, and profitable operation of the Authority, as required by the legislation. The Commission noted several areas where the agreement did not adequately balance the interests of the parties. Consequently, the application for approval of the agreement was dismissed. The Commission did not grant the approval sought by the Mid West Ports Authority.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established