Pilbara Ports Authority T/A Pilbara Ports Summary

[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

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.

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.

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.

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.

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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CaseChat Overview and Summary

The Pilbara Ports Authority, trading as Pilbara Ports, applied to the Fair Work Commission for approval of the Pilbara Ports West VTSO Agreement 2024. The agreement was made between the employer and the Maritime Union of Australia, covering employees in the West Pilbara region. The authority sought the commission's approval for the agreement to be a registered vocational training and skills organisation (VTSO) agreement, enabling it to provide training services to its employees.

The primary legal issue before the commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement met the criteria for being a VTSO agreement under section 236 of the act, including whether it provided for the development and maintenance of skills and competencies of employees in a manner that aligned with the needs of the industry. The commission also needed to consider whether the agreement was in the best interests of the employees and the employer.

The commission found that the agreement met the statutory criteria for a VTSO agreement. It provided for the development and maintenance of skills and competencies of employees in a manner that aligned with the needs of the industry. The agreement also contained provisions that were in the best interests of both the employees and the employer. The commission was satisfied that the agreement was fair and reasonable, and approved it as a VTSO agreement. The decision was made on the basis of the evidence and submissions provided by the parties.

The commission approved the Pilbara Ports West VTSO Agreement 2024 as a registered VTSO agreement. This decision ensures that the agreement can provide training services to employees of the Pilbara Ports Authority, and that the agreement is fair and reasonable for both the employees and the employer.

Pilbara Ports Authority T/A Pilbara Ports

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established