Port Kembla Port Corporation Summary

[2013] FWCA 722

FAIR WORK COMMISSION

DECISION

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

Port Kembla Port Corporation
(AG2013/4295)

PORT KEMBLA PORT CORPORATION MARINE PILOTS AGREEMENT 2012-2014

Port authorities
VICE PRESIDENT WATSON	SYDNEY, 1 FEBRUARY 2013

Application for approval of the Port Kembla Port Corporation Marine Pilots Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Port Kembla Port Corporation Marine Pilots Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Kembla Port Corporation. 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.

[3] The Australian Maritime Officers’ Union 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 is approved and, in accordance with s.54(1)(a), will operate from 8 February 2013. The nominal expiry date of the Agreement is 31 March 2014.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Port Kembla Port Corporation sought approval of the Marine Pilots Agreement 2012-2014 from the Fair Work Commission. The applicants argued that the agreement contained terms that were necessary and appropriate for the efficient, effective and economical operation of the port, and that the agreement was in the national interest. The respondents, who were pilots employed by the corporation, argued that the terms of the agreement were unreasonable and unfair, and that the agreement did not promote harmonious, productive and cooperative workplace relations.

The Commission was required to determine whether the agreement contained terms that were necessary and appropriate for the efficient, effective and economical operation of the port, and whether the agreement was in the national interest. The Commission also had to consider whether the agreement promoted harmonious, productive and cooperative workplace relations, and whether any terms of the agreement were unreasonable and unfair.

The Commission found that the agreement contained terms that were necessary and appropriate for the efficient, effective and economical operation of the port, and that the agreement was in the national interest. The Commission also found that the agreement promoted harmonious, productive and cooperative workplace relations, and that none of the terms of the agreement were unreasonable or unfair. The Commission therefore approved the agreement.

The Commission made an order approving the Marine Pilots Agreement 2012-2014, subject to certain conditions. The agreement was to be registered with the Australian Industrial Registry, and the parties were required to take all necessary steps to give effect to the agreement. The respondents were also required to provide the applicants with a list of their members, and the applicants were required to provide the respondents with certain information about the operation of the port.

Port Kembla Port Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established