Port of Townsville Limited

[2013] FWCA 8974

FAIR WORK COMMISSION

DECISION

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

Port of Townsville Limited
(AG2013/10017)

THE PORT OF TOWNSVILLE LIMITED ADMINISTRATIVE, TECHNICAL, SUPERVISORY AND PROFESSIONAL EMPLOYEES ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 12 NOVEMBER 2013

The Port of Townsville Limited Administrative, Technical, Supervisory and Professional Employees Enterprise Agreement 2013 Application for approval of the Port of Townsville Limited Administrative, Technical, Supervisory and Professional Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Administrative, Technical, Supervisory and Professional Employees Enterprise Agreement 2013 (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 Townsville. 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 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 this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 19 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port of Townsville Limited was the subject of a case where the Fair Work Commission (FWC) was asked to approve the 2013 Enterprise Agreement (EA) between the employer and the employees. The employees were represented by a union, which sought approval of the EA as a registered agreement under the Fair Work Act 2009 (Cth). The employer, Port of Townsville Limited, did not object to the application.

The legal issues before the FWC were whether the EA complied with the procedural and substantive requirements of the Fair Work Act 2009, including whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as prescribed by the Act. The FWC also needed to determine whether the union had adequately represented the employees in the negotiations of the EA.

The FWC found that the union had adequately represented the employees and that the EA had been negotiated in good faith. The FWC was satisfied that the EA contained all the necessary minimum terms and conditions as required by the Fair Work Act 2009. The FWC further found that the EA was fair and reasonable, taking into account the nature of the industry and the circumstances of the parties. Accordingly, the FWC approved the EA as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established