Port of Brisbane Pty Ltd T/A Port of Brisbane Pty Ltd

[2024] FWCA 1946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port of Brisbane Pty Ltd T/A Port of Brisbane Pty Ltd

(AG2024/1673)

PORT OF BRISBANE PTY LTD - TSHD BRISBANE ENTERPRISE AGREEMENT 2023

Port authorities
COMMISSIONER JOHNS	MELBOURNE, 29 MAY 2024

Application for approval of the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Port of Brisbane Pty Ltd - TSHD Brisbane 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 T/A Port of Brisbane Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Institute of Marine and Power Engineers (AIMPE), the Australian Maritime Officers’ Union (AMOU), and the Construction, Forestry and Maritime Employees Union (CFMEU) being bargaining representatives 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 the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Port of Brisbane Pty Ltd, trading as the Port of Brisbane, applied to the Fair Work Commission for the approval of the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 2023. The application was opposed by the Maritime Union of Australia. The central issue was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The Fair Work Commission examined whether the agreement provided for the protection of employees' pay, conditions, and entitlements, and whether it ensured fair and efficient workplace relations. The Commission considered the provisions of the agreement, the nature of the enterprise, and the bargaining process. It assessed if the agreement adequately balanced the interests of both parties, taking into account the statutory requirements.

The Commission determined that the agreement sufficiently met the statutory criteria for approval. It found that the agreement provided for the protection of employees' pay, conditions, and entitlements, and ensured fair and efficient workplace relations. The Commission approved the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 2023, stating that it complied with the requirements of the Fair Work Act 2009. This decision was based on the comprehensive provisions of the agreement, which were deemed fair and reasonable, considering the unique nature of the enterprise and the bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established