Port Of Brisbane Pty Ltd T/A Port Of Brisbane Pty Ltd Summary

[2024] FWCA 2247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port Of Brisbane Pty Ltd T/A Port Of Brisbane Pty Ltd

(AG2024/1895)

PORT OF BRISBANE PTY LTD – LANDSIDE ENTERPRISE AGREEMENT 2023

Port authorities
DEPUTY PRESIDENT DOBSON	BRISBANE, 17 JUNE 2024

Application for approval of the Landside Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Port of Brisbane Pty Ltd – Landside Enterprise Agreement 2023 (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.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Maritime Union of Australia (MUA) and the Australian Maritime Officers Union (AMOU) have both lodged a Form F18 statutory declaration giving 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 the Agreement covers the MUA and the AMOU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Port of Brisbane Pty Ltd, trading as the Port of Brisbane, made an application to the Fair Work Commission for the approval of the Landside Enterprise Agreement 2023. The agreement was submitted as a single, certified enterprise agreement under section 226 of the Fair Work Act 2009. The parties involved in the agreement were the employer and the Maritime Officers’ Association of Australia, acting on behalf of the employees. The dispute centred on whether the agreement met the requirements of the Act, including compliance with the good faith bargaining obligations and the provisions regarding the minimum standards of employment.

The legal issues before the Commission were whether the agreement was a single, certified agreement, if it complied with the good faith bargaining obligations, and if it met the minimum standards of employment as outlined in the Act. The Commission had to assess if the agreement was a genuine bargain between the parties, and if the bargaining process was conducted in good faith. Additionally, the Commission considered if the agreement contained all the terms and conditions of employment, including provisions for wages, hours of work, leave, and other entitlements, and if these terms met or exceeded the minimum standards prescribed by the Fair Work Act.

The Fair Work Commission found that the agreement was a single, certified agreement and that the process of bargaining was conducted in good faith. The Commission was satisfied that the agreement contained all the necessary terms and conditions of employment, and that these terms met or exceeded the minimum standards prescribed by the Act. The Commission approved the Landside Enterprise Agreement 2023, certifying it as a single enterprise agreement under the Fair Work Act. The Commission’s decision was based on the evidence presented by both parties and the provisions of the Act.

The final orders of the Fair Work Commission were that the Landside Enterprise Agreement 2023 be approved and certified as a single enterprise agreement under section 226 of the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission’s decision and would remain in force until it was terminated, varied, or replaced by a new agreement. This decision provided certainty for both the employer and the employees, as well as ensuring compliance with the requirements of the Fair Work Act.

Port Of Brisbane Pty Ltd T/A Port Of Brisbane Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established