Port of Portland Pty Limited

[2019] FWCA 6297

[2019] FWCA 6297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port of Portland Pty Limited
(AG2019/2835)

PORT OF PORTLAND PTY LTD ENTERPRISE AGREEMENT 2018

Port authorities
COMMISSIONER LEE	SYDNEY, 10 SEPTEMBER 2019

Application for approval of the Port of Portland Pty Ltd Enterprise Agreement2018.

[1] An application has been made for approval of an enterprise agreement known as the Port of Portland Pty Ltd Enterprise Agreement2018 (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 Portland Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement lodged contained an error on page 12. On 1 August 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  clause 11.4 Termination of employment

•  clause 12.3(c) Redundancy package

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A