Port of Portland Pty Limited T/A Port of Portland

[2022] FWCA 2955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port of Portland Pty Limited T/A Port of Portland

(AG2022/3364)

Port of Portland - AIMPE Engineers Enterprise Agreement 2022

Port authorities
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 AUGUST 2022

Application for approval of the Port of Portland - AIMPE Engineers 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 - AIMPE Engineers 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 Australian Institute of Marine and Power Engineers, 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

Port of Portland Pty Limited, trading as Port of Portland, applied to the Fair Work Commission for approval of the Port of Portland – AIMPE Engineers Enterprise Agreement 2022. AIMPE is the Australian Industrial Mechanical & Electrical Trade Union. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically regarding the pay rates and classifications of the employees covered by the agreement. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and if it met the statutory requirements for approval.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, including pay rates and classifications, that were not less favourable than those provided for in the relevant award or safety net award. The Commission also needed to determine if the agreement complied with the statutory requirements for approval, including the provision of certain information and the process followed in reaching the agreement. The parties' respective submissions and the evidence provided were thoroughly examined to ascertain whether the agreement met these criteria.

In considering the evidence and submissions, the Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions that were not less favourable than the relevant award. The Commission concluded that the agreement met the statutory requirements for approval, including the provision of the required information and the process followed in reaching the agreement. Therefore, the Commission approved the Port of Portland – AIMPE Engineers Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established