Port of Portland Pty Ltd

[2014] FWCA 8571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port of Portland Pty Ltd
(AG2014/9969)

PORT OF PORTLAND PTY LTD ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CRIBB	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Port of Portland Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Port of Portland Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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 as are relevant to this application for approval have been met.

[3] The Maritime Union of Australia (MUA) 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 was approved in Chambers on 28 November 2014 and, in accordance with s.54 of the Act, will operate from 5 December 2014. 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 for approval of an enterprise agreement with its employees. The Fair Work Commission heard the application, assessing whether the agreement met the criteria set out in the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was genuinely negotiated and if it complied with the provisions of the Act. The Commission considered the process of negotiation, the content of the agreement, and its adherence to the statutory requirements.

The Commission found that the agreement was genuinely negotiated and contained all the mandated terms and conditions of employment. The evidence demonstrated that both parties had engaged in good faith bargaining, resulting in an agreement that was not only comprehensive but also fair and reasonable. The Commission noted that the agreement included provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions that aligned with the statutory requirements. Additionally, the agreement incorporated mechanisms for resolving disputes and ensuring compliance, which further supported its approval.

Based on the thorough assessment, the Commission approved the Port of Portland Pty Ltd Enterprise Agreement 2014. The decision was grounded in the evidence that the agreement was the product of genuine negotiations and complied with all statutory obligations. The Commission's approval ensures that the terms and conditions of employment for the employees of Port of Portland Pty Ltd are fair, reasonable, and legally compliant. The Commission's decision was final and binding, and the agreement came into effect as approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established