Port of Brisbane Pty Ltd

[2020] FWCA 3982

[2020] FWCA 3982

FAIR WORK COMMISSION

DECISION

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

Port of Brisbane Pty Ltd
(AG2020/1932)

PORT OF BRISBANE PTY LTD - TSHD BRISBANE ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER BOOTH	BRISBANE, 29 JULY 2020

Application for approval of the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Port of Brisbane Pty Ltd (the Applicant) for approval of the Port of Brisbane Pty Ltd – TSHD Brisbane Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise Agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 23 July 2020, raising matters to be noted in the decision as follows.

[3] I observe that the following clauses may be inconsistent with the National Employment Standards (NES):

•  Clause 4.8 – Abandonment of employment; and

•  Clause 8.1 – Annual leave.

[4] However, noting the NES precedence clauses at clause 1.10 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] It is also noted that the consultation term at clause 3.2 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Subject to the matters raised at paragraphs [3]–[5], 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 Australian Maritime Officers Union (AMOU), the Australian Institute of Marine and Power Engineers (AIMPE), and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union (MUA) filed Form F18s in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMOU, the AIMPE, and the MUA.

[8] The Agreement is approved and, in accordance with clause 1.4 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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