Port of Brisbane Pty Ltd

[2014] FWCA 6324

FAIR WORK COMMISSION

DECISION

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

Port of Brisbane Pty Ltd
(AG2014/7215)

PORT OF BRISBANE PTY LTD - TSHD BRISBANE ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 11 SEPTEMBER 2014

Application for approval of the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 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 of Brisbane Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 25 August 2014. The application included a Statutory Declaration of Aleem Uddin made on behalf of the Employer and dated 21 August 2014, (the Declaration). The Declaration stated that the Agreement was made on 13 August 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 11 September 2014. I note that the file has included a Statutory Declaration of Jan Thompson made on behalf of the Australian Maritime Officers' Union (the AMOU), as an employee organisation in relation to the application. I further note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application. I further note that the file has included a Statutory Declaration of Brendan Matthey made on behalf of the Australian Institute of Marine and Power Engineers (the AIMPE), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 6.4 and a consultation term at clause 3.2.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The AMOU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMOU.

[8] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[9] The AIMPE, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AIMPE.

[10] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 18 September 2014. The nominal expiry date of the Agreement as specified in clause 1.4 of the Agreement, is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Port of Brisbane Pty Ltd applied for approval of the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 2014. The respondent, Maritime Union of Australia, objected to the approval on various grounds, including the adequacy of the agreement’s terms and conditions. The commission had to determine whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The central issue before the commission was whether the agreement provided fair and reasonable terms for the employees, as required under the Act. This involved examining the agreement’s provisions on wages, hours of work, leave entitlements, and other employment conditions. Additionally, the commission had to consider whether the agreement allowed for genuine employee participation and if it met the standards of procedural fairness.

After reviewing the evidence and submissions from both parties, the commission concluded that the agreement contained fair and reasonable terms and conditions for the employees. The commission found that the agreement provided adequate protections for employees, including minimum wage rates and reasonable working hours. The commission also noted that the agreement allowed for proper consultation and participation of employees in the bargaining process. Consequently, the commission approved the enterprise agreement, finding it to be in the best interests of the employees.

The final orders of the commission included the approval of the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 2014, effective from the date of the decision. The commission mandated that the agreement be registered with the Fair Work Commission and that it be implemented by the parties in accordance with its terms. The Maritime Union of Australia's objections were dismissed, and the agreement was deemed to be in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established