Mid West Ports Authority T/A Mid West Ports Authority
[2025] FWCA 641
•18 FEBRUARY 2025
| [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
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