DECISION

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

Port of Portland Pty Ltd
(AG2015/2704)

PORT OF PORTLAND - MUA, DECKHANDS ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 26 MAY 2015

Application for approval of the Port of Portland - MUA, Deckhands Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Port of Portland - MUA, Deckhands 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 Maritime Union of Australia, 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 recently applied to the Fair Work Commission for approval of the Port of Portland - Maritime Union of Australia, Deckhands Enterprise Agreement 2015. The applicant sought to have the agreement registered under the Fair Work Act 2009, with the Maritime Union of Australia acting as the relevant union for the purposes of the application. The applicant sought a certificate of registration for the agreement that would be effective from the date of the agreement and would remain in force until 31 December 2020.

The primary issue before the Commission was whether the agreement was in the public interest and whether it satisfied the requirements of the Fair Work Act 2009. The applicant submitted that the agreement was in the public interest and met all the statutory requirements for registration. The Maritime Union of Australia also supported the application and submitted that the agreement was fair and reasonable.

The Commission found that the agreement met all the requirements for registration under the Fair Work Act 2009. The agreement contained the prescribed minimum terms and conditions and was not contrary to the public interest. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both the employer and employees. The Commission accepted that the agreement was the product of genuine bargaining between the parties and was in the best interests of the employees.

Accordingly, the Commission approved the Port of Portland - Maritime Union of Australia, Deckhands Enterprise Agreement 2015. The agreement was registered under the Fair Work Act 2009 and was effective from the date of the agreement and would remain in force until 31 December 2020. The applicant's application was successful, and the agreement was registered as sought.

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