DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port of Townsville Limited
(AG2020/3382)

PORT OF TOWNSVILLE LIMITED PORT SERVICES ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER WILSON	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the Port of Townsville Limited Port Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Port Services 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] 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) 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 30 November 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port of Townsville Limited applied to the Fair Work Commission for the approval of the Port of Townsville Limited Port Services Enterprise Agreement 2020. The application for approval was opposed by a number of unions and individual employees. The Commission was required to determine whether the Agreement was in the public interest, and whether it provided for terms and conditions that were no less favourable than the safety net terms and conditions.

The Commission found that the Agreement provided for terms and conditions that were no less favourable than the safety net terms and conditions, and that it was in the public interest to approve the Agreement. The Commission noted that the Agreement contained provisions for the payment of additional allowances, which would provide employees with a higher level of remuneration than the safety net. However, the Commission also found that the Agreement contained provisions that were necessary to ensure the efficient and effective operation of the Port, and that these provisions were in the public interest.

The Commission approved the Port of Townsville Limited Port Services Enterprise Agreement 2020, subject to certain modifications. The modifications related to the calculation of overtime, the payment of allowances, and the procedure for the resolution of disputes. The unions and employees were given the opportunity to lodge an appeal against the approval of the Agreement, but no appeal was lodged.

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