DECISION

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

Port of Brisbane Pty Ltd
(AG2019/3200)

POST OF BRISBANE PTY LTD - PORT OFFICE/OPERATIONS BASE ENTERPRISE AGREEMENT 2019

Port authorities
COMMISSIONER SPENCER	BRISBANE, 24 SEPTEMBER 2019

Application for approval of the Post of Brisbane Pty Ltd - Port Office/Operations Base Enterprise Agreement 2019.

[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 2019. (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.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), the Australian Institute of Marine and Power Engineers (AIMPE) and the Australian Maritime Officers Union (AMOU) being bargaining representative’s 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The Port of Brisbane Pty Ltd applied to the Fair Work Commission for approval of its Enterprise Agreement 2019. The application was contested by the Maritime Union of Australia and two of its members, who argued that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The dispute was heard by the Commission in Brisbane.

The legal issues before the Commission were whether the Enterprise Agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission had to determine if the agreement was genuinely negotiated and if there was sufficient employee and employer consultation. Substantively, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it complied with any relevant awards or agreements. The Union argued that the agreement did not provide for adequate consultation and that it contained provisions that were unfair or unreasonable.

The Commission found that the agreement was genuinely negotiated and that there had been sufficient consultation. The Commission also found that the agreement provided for fair and reasonable terms and conditions, and that it complied with any relevant awards or agreements. The Commission rejected the Union's arguments and approved the Enterprise Agreement. The Commission found that the agreement provided for adequate consultation and that it contained provisions that were fair and reasonable.

The Fair Work Commission approved the Port of Brisbane Pty Ltd - Port Office/Operations Base Enterprise Agreement 2019. The Commission found that the agreement met the procedural and substantive requirements for approval under the Fair Work Act. The Commission rejected the Union's arguments and found that the agreement provided for fair and reasonable terms and conditions, and that it complied with any relevant awards or agreements.

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