Port of Brisbane Pty Ltd

[2022] FWCA 3513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port of Brisbane Pty Ltd

(AG2022/3836)

Ken Harvey and Support Craft Enterprise Agreement 2022

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 13 OCTOBER 2022

Application for approval of the Ken Harvey and Support Craft Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ken Harvey and Support Craft Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port of Brisbane Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Institute of Marine and Power Engineers (AIMPE) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AIMPE and CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Port of Brisbane Pty Ltd applied for the Fair Work Commission's approval of the Ken Harvey and Support Craft Enterprise Agreement 2022. The respondents, which included various unions and employee representatives, opposed the application. The application came before the Fair Work Commission, which had to determine whether the agreement met the statutory criteria for approval.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the requirements set out in the Fair Work Act 2009. The Commission needed to consider whether the agreement was in the public interest, had been made in good faith, and was made with appropriate employee representation. Additionally, the Commission had to examine whether the agreement complied with the "better off overall test" and did not unfairly discriminate against any group of employees.

The Commission found that the agreement met the statutory criteria for approval. The agreement was considered to be in the public interest and had been made in good faith. The Commission was satisfied that the agreement had been made with appropriate employee representation and that it complied with the "better off overall test." The Commission also found that the agreement did not unfairly discriminate against any group of employees. As a result, the Commission approved the Ken Harvey and Support Craft Enterprise Agreement 2022.

The Fair Work Commission approved the Ken Harvey and Support Craft Enterprise Agreement 2022. The Commission ordered that the agreement be registered and have effect from the date of the approval. The agreement will now govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established