DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Port of Portland Pty Ltd
(AG2015/2709)

PORT OF PORTLAND - AMOU, TUG AND LAUNCH MASTERS ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 26 MAY 2015

Application for approval of the Port of Portland - AMOU, Tug and Launch Masters Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Port of Portland - AMOU, Tug and Launch Masters Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Port of Portland Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port of Portland Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Port of Portland - AMOU, Tug and Launch Masters Enterprise Agreement 2015. The Australian Maritime Officers' Union (AMOU) sought to intervene in the application, arguing that the agreement contained provisions that were contrary to the public interest. The FWC was required to determine whether the agreement should be approved and if the AMOU's intervention was justified.

The court considered whether the provisions in the agreement that the AMOU opposed were contrary to the public interest. The FWC found that the provisions in question did not contravene any relevant legislation or public policy considerations. The FWC also found that the AMOU's intervention was not justified as it did not raise any matters that were not already before the FWC. The FWC approved the agreement, and the AMOU's intervention was dismissed.

The FWC approved the Port of Portland - AMOU, Tug and Launch Masters Enterprise Agreement 2015, finding that the provisions in question did not contravene any relevant legislation or public policy considerations. The AMOU's application to intervene was dismissed as it did not raise any matters that were not already before the FWC. The FWC's decision was based on a detailed analysis of the agreement and the relevant legal framework.

The final orders of the FWC were that the Port of Portland - AMOU, Tug and Launch Masters Enterprise Agreement 2015 be approved, and that the AMOU's application to intervene be dismissed. The AMOU was ordered to pay Port of Portland's costs of the intervention application.

Port of Portland Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established