DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port of Townsville Limited
(AG2016/7530)

PORT OF TOWNSVILLE LIMITED PORT SERVICES ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the Port of Townsville Limited Port Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Port Services Enterprise Agreement 2016 (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 Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Port of Townsville Limited, sought approval of the Port of Townsville Limited Port Services Enterprise Agreement 2016, which was to be applied to the employees of the port. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the interests of employees and whether it contained appropriate dispute resolution processes.

The court examined the provisions of the agreement and the evidence presented by both parties. The applicant argued that the agreement was necessary to maintain the competitiveness of the port and ensure the safety and efficiency of operations. The respondent, however, raised concerns about the impact of the agreement on employee entitlements and working conditions. The court considered whether the agreement provided a fair balance between the interests of the employer and the employees, and whether it complied with the requirements of the Act.

The Fair Work Commission found that the agreement met the criteria for approval. The court concluded that the agreement provided for appropriate dispute resolution processes and contained provisions that were in the interests of the employees. The court noted that the agreement included provisions for wage increases, improved working conditions, and the protection of employee entitlements. The court was satisfied that the agreement provided a fair balance between the interests of the employer and the employees, and that it complied with the requirements of the Act.

The Fair Work Commission approved the Port of Townsville Limited Port Services Enterprise Agreement 2016, subject to certain modifications to ensure that it complied with the Act. The modifications related to the calculation of penalty rates and the provision of notice for changes to the agreement. The court ordered that the agreement be registered and that the modifications be implemented.

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