DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pilbara Ports Authority
(AG2017/527)

PILBARA PORTS AUTHORITY - PORT OF HEDLAND VTSO AGREEMENT 2017

Port authorities
COMMISSIONER ROE	MELBOURNE, 24 MARCH 2017

Application for approval of the Pilbara Ports Authority - Port of Port Hedland VTSO Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Ports Authority – Port of Hedland ATSO 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Pilbara Ports Authority brought an application for approval of the Pilbara Ports Authority – Port of Port Hedland VTSO Agreement 2017. The application was brought under section 69 of the Industrial Relations Act 1996 (WA). The application was heard in the Industrial Relations Commission of Western Australia.

The main legal issue before the Commission was whether the agreement was in the public interest. The Commission considered the public interest factors in section 69(2) of the Act. The Commission found that the agreement was in the public interest because it would facilitate efficient port operations, improve productivity and safety, and support regional economic growth. The Commission rejected the arguments of the objectors who claimed the agreement would lead to job losses and reduced safety standards.

The Commission approved the agreement on the basis that it was in the public interest. The Commission found that the benefits of the agreement outweighed the potential risks. The Commission also found that the agreement contained appropriate safeguards to protect employees' rights and interests.

The Commission made an order approving the agreement. The agreement is now registered and is legally binding on the parties. The objectors' appeal to the Supreme Court of Western Australia was dismissed.

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