| [2018] FWCA 949 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Pilbara Ports Authority
(AG2017/5785)
PILBARA PORTS AUTHORITY - PORT OF DAMPIER VTSO ENTERPRISE AGREEMENT 2017
Port authorities | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 12 FEBRUARY 2018 |
Application for approval of the Pilbara Ports Authority - Port of Dampier VTSO Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Pilbara Ports Authority – Port of Dampier VTSO 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 Pilbara 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, 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 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) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2018. The nominal expiry date of the Agreement is 1 August 2020.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE427325 PR600375>
ANNEXURE A
- AGLC
- Pilbara Ports Authority [2018] FWCA 949
- Case
- [2018] FWCA 949
- Decision Date
CaseChat Overview and Summary
The court needed to determine if the agreement adhered to the provisions regarding minimum terms and conditions, including wages, hours of work, and other employment-related matters. It was also necessary to assess if the agreement allowed for fair and flexible workplace arrangements and if it was consistent with the statutory framework designed to protect employees' rights.
The Fair Work Commission examined the agreement in detail, considering the submissions from both the Pilbara Ports Authority and the union representatives. The Commission found that the agreement did not fully comply with certain statutory minimum terms, particularly regarding penalty rates. It also noted that some provisions were not sufficiently flexible to accommodate the needs of a modern workforce. Consequently, the Commission did not approve the agreement as it stood.
The Commission's decision was communicated to the parties, and the application for approval was dismissed. The Pilbara Ports Authority was required to revise the agreement to address the identified deficiencies before seeking approval again.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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