DECISION

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

Port of Portland Pty Ltd
(AG2015/2714)

PORT OF PORTLAND - AIMPE ENGINEERS ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 26 MAY 2015

Application for approval of the Port of Portland - AIMPE Engineers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Port of Portland - AIMPE Engineers 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 Institute of Marine and Power Engineers, 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 for approval of the Port of Portland - AIMPE Engineers Enterprise Agreement 2015. The application was opposed by the Australian Maritime Officers' Union. The dispute centred on the terms of the agreement, particularly those relating to penalty rates for overtime and the classification of employees. The Commission had to determine whether the agreement was in the public interest and if it met the requirements set out in the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement adequately protected employees' rights and interests and if it provided for fair and reasonable terms and conditions of employment. The Commission considered the provisions of the Fair Work Act, the principles of enterprise bargaining, and relevant precedents. The Commission noted the arguments presented by both parties and examined the evidence provided.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and adequately protected employees' rights and interests. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and was in the public interest. The Commission approved the agreement, noting that it provided for a fair and reasonable balance between the interests of the employer and employees. The Commission noted that the agreement provided for reasonable penalty rates and classifications for employees and that it was consistent with the principles of enterprise bargaining.

The Fair Work Commission approved the Port of Portland - AIMPE Engineers Enterprise Agreement 2015. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and adequately protected employees' rights and interests. The Commission noted that the agreement met the requirements of the Fair Work Act and was in the public interest. The Commission approved the agreement, subject to certain conditions, including the requirement that the employer provide written confirmation to the Commission within 14 days of any changes to the agreement.

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