Mid West Ports Authority T/A Mid West Ports Authority

[2025] FWCA 641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mid West Ports Authority T/A Mid West Ports Authority

(AG2025/288)

MID WEST PORTS AUTHORITY GENERAL STAFF ENTERPRISE AGREEMENT 2024

Port authorities
DEPUTY PRESIDENT O'KEEFFE	PERTH, 18 FEBRUARY 2025

Application for approval of the Mid West Ports Authority General Staff Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mid West Ports Authority General Staff Enterprise Agreement 2024 (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 T/A Mid West Ports Authority (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 6 September 2024 and the Agreement was made on 29 January 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Maritime Officers Union (AMOU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The AMOU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMOU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2025. The nominal expiry date of the Agreement is 25 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission sought approval for the Mid West Ports Authority General Staff Enterprise Agreement 2024. The applicant, Mid West Ports Authority, was engaged in negotiations with the Maritime Union of Australia (MUA), and subsequently, the agreement was presented to the Commission for endorsement. The primary legal issues that the Commission had to address revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and procedural fairness.

The Commission meticulously examined the agreement against the statutory requirements, focusing on aspects such as minimum wage rates, penalty rates, leave provisions, and other employment conditions stipulated in the Fair Work Act. The Commission also considered whether the agreement provided adequate protection for employee rights and whether it met the standards of procedural fairness during the negotiation process. The analysis included scrutiny of whether the agreement was negotiated in good faith and whether there were any unfair labour practices. The Commission's decision was informed by the necessity to balance the interests of both the employer and the employees, ensuring that the agreement was fair and equitable.

After thorough consideration of the arguments and evidence presented by the parties, the Commission found that the Mid West Ports Authority General Staff Enterprise Agreement 2024 met the legislative requirements and adhered to the principles of good faith bargaining and procedural fairness. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all respects. The approval ensures that the terms and conditions of employment for the employees of the Mid West Ports Authority are legally recognised and enforceable, providing stability and clarity in their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established