DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Ports Authority
(AG2021/6900)

THE PILBARA PORTS AUTHORITY - PORT OF PORT HEDLAND GENERAL STAFF AGREEMENT 2021

Port authorities
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the Pilbara Ports Authority - Port of Port Hedland General Staff Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Ports Authority - Port of Port Hedland General Staff Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilbara Ports Authority. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Construction, Forestry, Maritime, Mining and Energy Union and the Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission was an application by the Pilbara Ports Authority for the approval of the Pilbara Ports Authority - Port of Port Hedland General Staff Agreement 2021. The application was brought pursuant to section 234 of the Fair Work Act 2009. The dispute arose from negotiations between the Pilbara Ports Authority and the Maritime Union of Australia, which resulted in an enterprise agreement that the parties could not finalise. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it was in the best interests of the employees, and whether it complied with the good faith bargaining provisions of the Act. In considering these issues, the Commission examined the negotiation process, the content of the agreement, and the views of the employees. The Commission also had to assess whether the agreement met the requirement of being in the best interests of the employees, which included considering whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits. The Commission also noted that the agreement had been supported by the majority of the employees. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The Commission made an order approving the Pilbara Ports Authority - Port of Port Hedland General Staff Agreement 2021, subject to the modifications. The order was made under section 234 of the Fair Work Act 2009. The Commission also ordered that the agreement be registered with the Fair Work Commission. The decision provides guidance on the criteria for approving enterprise agreements and the importance of good faith bargaining in the workplace.

Pilbara 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