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

[2022] FWCA 2957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port of Portland Pty Limited T/A Port of Portland

(AG2022/3368)

Port of Portland - AMOU Tug and Launch Masters Enterprise Agreement 2022

Maritime industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 AUGUST 2022

Application for approval of the Port of Portland - AMOU Tug and Launch Masters 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 - AMOU Tug and Launch Masters 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 Maritime Officers' Union, 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 for the approval of the AMOU Tug and Launch Masters Enterprise Agreement 2022. The application was brought before the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute centred around the terms and conditions of the proposed enterprise agreement, which was intended to govern the employment of tug and launch masters within the Port of Portland's operations.

The legal issues before the Commission included whether the proposed agreement met the requirements for approval under the Fair Work Act, particularly whether it provided for the "better off overall test" (BOOT) for employees and whether it contained terms that were genuinely agreed upon by the parties. The Commission had to consider if the agreement was made in good faith and whether it was properly certified as a simple or low-complexity agreement. Additionally, the Commission had to assess whether the agreement complied with the provisions of the Act, including minimum entitlements and the protection of employee rights.

The Commission found that the proposed enterprise agreement was appropriately certified as a low-complexity agreement and was made in good faith. It also found that the agreement satisfied the better off overall test, as the majority of the employees who were subject to the agreement would be better off overall under it compared to the applicable awards. The Commission concluded that the agreement was compliant with the requirements of the Fair Work Act and approved the AMOU Tug and Launch Masters Enterprise Agreement 2022. The decision was made on the basis that the agreement met the statutory criteria for approval and provided for the fair treatment of employees within the port operations.

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