DECISION

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

Port of Brisbane Pty Ltd
(AG2016/1638)

KEN HARVEY AND SUPPORT CRAFT ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 12 JULY 2016

Application for approval of the Ken Harvey and Support Craft Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ken Harvey and Support Craft Enterprise Agreement 2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Port of Brisbane Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Institute of Marine and Power Engineers and The Maritime Union of Australia, being bargaining representatives for the Agreement, have given 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 these organisations.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port of Brisbane Pty Ltd sought approval of the Ken Harvey and Support Craft Enterprise Agreement 2016 from the Fair Work Commission. The applicant was a port operator in Queensland, and the respondents included various unions and employee representatives. The agreement related to the terms and conditions of employment for certain workers within the port. The primary issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and the overall fairness of the agreement.

The Commission examined the process through which the agreement was negotiated, the extent of the consultation with employees, and whether the agreement met the requirements of procedural and substantive fairness. It considered the evidence provided by the parties, including the negotiation process, the nature of the changes proposed in the agreement, and the level of employee representation and participation. The Commission found that the negotiation process was generally fair and that there was sufficient consultation with the employees. The substantive fairness of the agreement was also assessed, taking into account the benefits and detriments to the employees. The Commission concluded that the agreement was fair and reasonable, considering the overall context and the interests of the employees.

In light of the findings, the Fair Work Commission approved the Ken Harvey and Support Craft Enterprise Agreement 2016. The decision was based on the evidence that the agreement was negotiated in good faith, with adequate consultation and representation of the employees' interests, and that it met the requirements of procedural and substantive fairness. The Commission's approval ensured that the agreement would be legally enforceable under the Fair Work Act 2009.

Port of Brisbane Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established