DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Ports Authority
(AG2017/429)

PILBARA PORTS AUTHORITY - PORT OF PORT HEDLAND GENERAL STAFF AGREEMENT 2017

Port authorities
COMMISSIONER GREGORY	MELBOURNE, 22 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Port of Port Hedland General Staff 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Pilbara Ports Authority sought approval for the Port of Port Hedland General Staff Agreement 2017. The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically concerning the terms and conditions of employment for general staff at the port. The Commission was tasked with determining if the agreement was in the best interests of the employees and the port authority.

The primary legal issue was whether the agreement provided fair and reasonable terms for the employees, as mandated by the Fair Work Act. This involved examining the proposed wages, conditions, and other employment terms to ensure they complied with the statutory requirements and were fair and reasonable in the context of the broader industrial relations environment. The Commission also needed to assess if the agreement appropriately balanced the interests of both the employees and the employer.

After careful consideration of the evidence and submissions from both parties, the Commission determined that the agreement was fair and reasonable. It found that the proposed terms and conditions met the statutory requirements and were in the best interests of both the employees and the employer. The Commission approved the agreement, highlighting its compliance with the relevant provisions of the Fair Work Act. The decision underscored the importance of fair and balanced agreements in maintaining harmonious industrial relations. The Commission's approval of the agreement provided certainty and stability for both the employees and the employer moving forward.

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