DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port of Melbourne Corporation
(AG2014/10055)

PORT OF MELBOURNE CORPORATION ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CRIBB	MELBOURNE, 4 DECEMBER 2014

Application for approval of the Port of Melbourne Corporation Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Port of Melbourne Corporation Enterprise Agreement 2014 (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 Melbourne Corporation. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Maritime Officers’ Union (AMOU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 4 December 2014 and, in accordance with s.54 of the Act, will operate from 11 December 2014. The nominal expiry date of the Agreement is 23 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Port of Melbourne Corporation, applied for the approval of an enterprise agreement. The agreement, proposed for the employees of the Corporation, was challenged by the respondents, including the Australian Council of Trade Unions and the Maritime Union of Australia. The application was heard in the Fair Work Commission.

The central legal issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the respondents argued that the agreement did not meet the requirements for good faith bargaining and contained provisions that were not in the best interests of the employees. The applicant, on the other hand, contended that the agreement was the result of genuine negotiations and was fair and reasonable.

The Commission found that the application met the statutory criteria for approval, including that the agreement was made in good faith, and its provisions were fair and reasonable. The Commission examined the process of negotiations and the content of the agreement, taking into account the economic and employment context. The Commission concluded that the proposed agreement was fair and reasonable, and it approved the application. The Commission found that the applicant had demonstrated compliance with the relevant provisions of the Act.

The Fair Work Commission approved the Port of Melbourne Corporation Enterprise Agreement 2014. The Commission determined that the agreement was made in good faith and was fair and reasonable, meeting the statutory criteria for approval. The decision confirmed the validity of the agreement and allowed it to be implemented.

Port of Melbourne Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established