DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port of Brisbane Pty Ltd
(AG2019/2297)

PORT OF BRISBANE PTY LTD - BRISBANE MULTIMODAL TERMINAL ENTERPRISE AGREEMENT 2019

Port authorities
COMMISSIONER CIRKOVIC	MELBOURNE, 1 AUGUST 2019

Application for approval of the Port of Brisbane Pty Ltd - Brisbane Multimodal Terminal Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Port of Brisbane Pty Ltd - Brisbane Multimodal Terminal 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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Maritime Officers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 August 2019 and, in accordance with s.54, will operate from 8 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Port of Brisbane Pty Ltd, sought approval of the Brisbane Multimodal Terminal Enterprise Agreement 2019 from the Fair Work Commission. The agreement, which was to apply to workers at the Brisbane Multimodal Terminal, was intended to provide for the terms and conditions of employment for those workers. The nature of the dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of minimum entitlements and procedural fairness.

The primary legal issue before the Commission was whether the proposed agreement provided for the minimum entitlements set out in the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the requirements for minimum rates of pay, leave entitlements, and other conditions as prescribed by the Act. Another key issue was whether the agreement had been made in a manner that was procedurally fair, given that it was an enterprise agreement.

In reaching its decision, the Fair Work Commission examined the proposed agreement clause by clause to ensure it met the statutory minimum standards. The Commission found that the agreement provided for all the necessary minimum entitlements, including rates of pay and leave provisions. Additionally, the Commission was satisfied that the agreement had been made in a procedurally fair manner, taking into account the processes followed by the parties in reaching the agreement. Consequently, the Commission approved the Brisbane Multimodal Terminal Enterprise Agreement 2019.

The Fair Work Commission, having found that the agreement met the statutory requirements and was made in a procedurally fair manner, granted the application for approval. The approved agreement will now apply to the relevant workers at the Brisbane Multimodal Terminal, setting out their terms and conditions of employment as per the Fair Work Act.

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