DECISION

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

Port of Brisbane Pty Ltd
(AG2016/1635)

PORT OF BRISBANE PTY LTD - BRISBANE MULTIMODAL TERMINAL ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 12 JULY 2016

Application for approval of the Port of Brisbane Pty Ltd - Brisbane Multimodal Terminal Enterprise Agreement 2016.

[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 2016 (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 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Port of Brisbane Pty Ltd applied to the Fair Work Commission for approval of the Brisbane Multimodal Terminal Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on the terms of the proposed enterprise agreement, specifically those relating to employee entitlements, wages, and working conditions. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval and if it provided for the fair and efficient operation of the port.

The legal issues the court had to address included whether the agreement provided for the safety, health, and welfare of employees, and if it was consistent with the national minimum standards set out in the Fair Work Act. The Commission also considered whether the agreement was fair and efficient, taking into account the overall economic and industrial context. The court examined submissions from both parties and any relevant evidence provided. The Commission had to balance the rights and interests of the employer and the employees, ensuring that the agreement was fair and reasonable for all parties involved.

The Fair Work Commission found that the Brisbane Multimodal Terminal Enterprise Agreement 2016 met the necessary criteria for approval. The agreement provided for the fair and efficient operation of the port, with provisions that were consistent with the national minimum standards. The Commission determined that the agreement offered a balanced approach to the rights and interests of both the employer and employees. The court approved the agreement, noting that it was in the best interest of all parties involved.

No further orders were made by the court in this instance. The approved enterprise agreement would now apply to the employees of the Port of Brisbane Pty Ltd, governing their terms and conditions of employment.

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