Pilbara Ports Authority T/A Pilbara Ports

[2024] FWCA 4226

[2024] FWCA 4226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pilbara Ports Authority T/A Pilbara Ports

(AG2024/4456)

PILBARA PORTS WEST VTSO AGREEMENT 2024

Port authorities
COMMISSIONER MIRABELLA	MELBOURNE, 4 DECEMBER 2024

Application for approval of the Pilbara Ports West VTSO Agreement 2024

1. Pilbara Ports Authority T/A Pilbara Ports (the Employer) has made an application for approval of an enterprise agreement known as the Pilbara Ports West VTSO Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 4 April 2024 and the Agreement was made on 11 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

1. The Australian Maritime Officers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved on 4 December 2024 and, in accordance with s.54, will operate from 11 December 2024. The nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

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