Port of Townsville Limited

[2021] FWCA 6235

FAIR WORK COMMISSION

DECISION

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

Port of Townsville Limited
(AG2021/7400)

PORT OF TOWNSVILLE LIMITED MAINTENANCE AND SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 13 OCTOBER 2021

Application for approval of the Port of Townsville Limited Maintenance and Security Employees Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Maintenance and Security Employees Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Port of Townsville Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 2.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Maritime Union of Australia, a Division of Construction Forestry Maritime Mining and Energy Union (MUA) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the MUA wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the MUA.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Port of Townsville Limited, sought approval of the Maintenance and Security Employees Enterprise Agreement 2020 from the Fair Work Commission. The agreement was made between the applicant and the employees represented by the Maritime Union of Australia. The nature of the dispute was the procedural fairness of the process by which the agreement was reached and the terms of the agreement itself.

The legal issues before the Commission were whether the agreement was made in accordance with the requirements of the Fair Work Act 2009, and whether it was appropriate to make the agreement. The Commission had to consider whether the agreement was made fairly and whether it contained terms that were not reasonably required for the operation of a business. The Commission also needed to ensure that the agreement met the threshold criteria for approval, including being in the public interest.

In its decision, the Fair Work Commission found that the agreement was made fairly and in accordance with the requirements of the Act. The Commission noted that the process for reaching the agreement was robust, and the terms of the agreement were not unreasonable. The Commission was satisfied that the agreement met the threshold criteria for approval, and that it was appropriate to make the agreement. The Commission found that the agreement was in the public interest, and would promote harmonious, productive and cooperative workplace relations. The Commission approved the agreement, subject to certain minor modifications to the text.

The final orders of the Commission were that the Maintenance and Security Employees Enterprise Agreement 2020 be approved as a registered agreement, subject to the modifications made by the Commission. The agreement was to be registered on the Register of Approved Agreements, and would be in effect from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established