DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Botany Operations Pty Ltd as trustee for Port Botany Unit Trust
(AG2019/2619)

NSW PORTS ENTERPRISE AGREEMENT 2019

Port authorities
COMMISSIONER WILSON	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the NSW Ports Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NSW Ports Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Botany Operations Pty Ltd as trustee for Port Botany Unit Trust. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 20 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Port Botany Operations Pty Ltd as trustee for the Port Botany Unit Trust, which sought approval of the NSW Ports Enterprise Agreement 2019. The dispute was heard by the Fair Work Commission. The applicant sought to have the agreement, which was reached through negotiations between the employer and the employees' representatives, formally approved. The agreement was to govern the terms and conditions of employment for certain workers in the port operations sector.

The legal issues the court had to address were whether the agreement was genuinely a bargain between the parties, whether it complied with the statutory requirements of the Fair Work Act 2009, and whether it met the criteria for approval under the Fair Work (Registered Organisations) Act 2009. Additionally, the court had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it adequately addressed the needs and interests of both the employer and the employees.

The court found that the agreement was indeed a genuine bargain and met the statutory requirements. It was determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it sufficiently addressed the interests of both parties. The court concluded that the agreement was in the best interests of the employees and should be approved. The decision was based on the evidence presented and the court's assessment of the agreement's compliance with the relevant legislation.

As a result of the court's decision, the NSW Ports Enterprise Agreement 2019 was approved. This approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved. The final orders of the court included the formal approval of the agreement, which would now govern the employment conditions for the relevant workers within the port operations sector.

Port Botany Operations Pty Ltd as trustee for Port Botany Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established