DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port of Townsville Limited
(AG2020/3380)

PORT OF TOWNSVILLE LIMITED ADMINISTRATIVE, TECHNICAL, SUPERVISORY AND PROFESSIONAL EMPLOYEES ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER WILSON	MELBOURNE, 1 DECEMBER 2020

Application for approval of the Port of Townsville Limited Administrative, Technical, Supervisory and Professional Employees Enterprise Agreement 2020.

[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 2020 (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 Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Port of Townsville Limited sought approval of an enterprise agreement, the Port of Townsville Limited Administrative, Technical, Supervisory and Professional Employees Enterprise Agreement 2020. The matter was before the Fair Work Commission, which is tasked with overseeing and approving such agreements. The applicant argued that the agreement met the necessary criteria under the Fair Work Act 2009, while the respondent contended that certain provisions of the agreement were unfair.

The central legal issue was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The court had to examine if the agreement was made in good faith and whether it contained only the allowable pay and conditions matters. Additionally, the court assessed the fairness of the agreement's terms and conditions.

The Fair Work Commission found that the agreement was procedurally valid and had been made in good faith. The court determined that all provisions of the agreement fell within the scope of allowable matters and did not contain any terms that were contrary to public policy. The Commission also concluded that the agreement was fair and reasonable, taking into account the need to ensure workplace fairness and efficiency. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Port of Townsville Limited Administrative, Technical, Supervisory and Professional Employees Enterprise Agreement 2020, effective from the date of the decision. The agreement was registered, and the parties were directed to comply with its terms.

Port of Townsville Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established