Port of Brisbane Pty Ltd

[2013] FWCA 9394

FAIR WORK COMMISSION

DECISION

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

Port of Brisbane Pty Ltd
(AG2013/10179)

PORT OF BRISBANE PTY LTD - PORT OFFICE/OPERATIONS BASE ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 4 DECEMBER 2013

Application for approval of the Port of Brisbane Pty Ltd - Port Office/Operations Base Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Port of Brisbane Pty Ltd - Port Office/Operations Base Enterprise Agreement 2013 (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 Maritime Union of Australia and The Australian Institute of Marine and Power Engineers, 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. In accordance with s.54(1) it will operate from 11 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port of Brisbane Pty Ltd (the applicant) applied to the Fair Work Commission for approval of the Port of Brisbane Pty Ltd - Port Office/Operations Base Enterprise Agreement 2013. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The applicant submitted that the agreement was a protected action bargaining agreement and therefore not subject to the usual registration process. The Australian Council of Trade Unions and the Maritime Union of Australia (collectively, the respondents) opposed the application on the basis that the agreement was not a protected action bargaining agreement.

The central legal issue for the commission to decide was whether the agreement was a protected action bargaining agreement as defined in section 170AB of the Fair Work Act. The respondents argued that the agreement did not meet the requirements of a protected action bargaining agreement because it was not related to protected industrial action, and therefore should be subject to the registration process. The applicant submitted that the agreement was related to protected industrial action and therefore met the requirements of a protected action bargaining agreement.

The commission found that the agreement did not meet the requirements of a protected action bargaining agreement because it was not related to protected industrial action. The commission found that the agreement related to the employment of employees in a particular class, rather than to protected industrial action. The commission found that the agreement was therefore not exempt from the registration process and should be registered under section 232 of the Fair Work Act. The applicant's application was dismissed.

The commission made no orders as the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established