Port of Portland Pty Limited T/A Port of Portland Summary

[2022] FWCA 2956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port of Portland Pty Limited T/A Port of Portland

(AG2022/3365)

Port of Portland - MUA Deckhands Enterprise Agreement 2022

Maritime industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 AUGUST 2022

Application for approval of the Port of Portland - MUA Deckhands Enterprise Agreement 2022

Port of Portland Pty Limited T/A Port of Portland (the Employer) has made an application for approval of an enterprise agreement known as the Port of Portland - MUA Deckhands Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Construction, Forestry, Maritime, Mining and Energy Union - The Maritime Union of Australia Division, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 26 August 2022 and, in accordance with s 54, will operate from 2 September 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Port of Portland Pty Limited T/A Port of Portland, the applicant sought approval for the Port of Portland - MUA Deckhands Enterprise Agreement 2022. The application was lodged before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The Maritime Union of Australia (MUA) was also a party to the proceedings, and the applicant argued that the agreement was necessary to ensure the efficient operation of the Port of Portland.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly regarding the mandatory bargaining obligations and the content of the agreement. The Commission had to consider whether the agreement was a genuine endeavour to reach an agreement, if it included minimum terms and conditions that were no less favourable than the relevant industrial instrument, and if it met the other statutory requirements for approval.

The Fair Work Commission examined the submissions and evidence provided by the parties. It found that the applicant had made a genuine endeavour to reach an agreement, and that the proposed agreement included the required minimum terms and conditions. The Commission also determined that the agreement did not include any terms that would undermine the health, safety or welfare of employees or the efficient operation of the port. The Commission concluded that the proposed agreement met the statutory requirements for approval and granted the application for the approval of the Port of Portland - MUA Deckhands Enterprise Agreement 2022.

The Fair Work Commission approved the Port of Portland - MUA Deckhands Enterprise Agreement 2022, effective from the date of the Commission's decision. The agreement was to apply to all deckhands employed by the Port of Portland and engaged under the agreement. The Commission's decision provided certainty for the parties and ensured that the agreement met the legal requirements under the Fair Work Act.

Port of Portland Pty Limited T/A Port of Portland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established