Port of Portland Pty Limited

[2020] FWCA 5955

[2020] FWCA 5955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port of Portland Pty Limited
(AG2020/2858)

PORT OF PORTLAND MARINE PILOTS AGREEMENT 2020-2024

Port authorities
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 NOVEMBER 2020

Application for approval of the Port of Portland Marine Pilots Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Port of Portland Marine Pilots Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Port of Portland Pty Limited (Employer). The Agreement is a single enterprise Agreement.

[2] The Notice of Employee Representational Rights (Notice) issued by the Employer was not in the form prescribed by the Fair Work Regulations 2009. Rather, it was in a form that has been superseded. Further, the Employer did not notify relevant employees of the time of the vote by the start of the access period.

[3] Having regard to the Employer’s written submissions and the material before the Commission, I am satisfied that these matters constitute minor procedural or technical errors and employees covered by the Agreement were not likely to have been disadvantaged by these errors. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act. 1

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

[5] Subject to the undertaking, 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 undertaking is taken to be a term of the Agreement.

[6] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] 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.

[8] The Agreement is approved and in accordance with s.54 of the Act will operate from 17 November 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

 1  Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318