Port of Townsville Limited

[2014] FWCA 1419

FAIR WORK COMMISSION

DECISION

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

Port of Townsville Limited
(AG2014/346)

PORT OF TOWNSVILLE LIMITED MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 7 MARCH 2014

Application for approval of the Port of Townsville Limited Maintenance Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Maintenance 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 Limited. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] 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.

[4] The Maritime Union of Australia, 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.

[5] 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

Port of Townsville Limited brought an application for approval of the Maintenance Employees Enterprise Agreement 2013. The applicant sought approval from the Fair Work Commission. The respondent, the Maritime Union of Australia, opposed the application. The dispute centred on the terms and conditions of employment of maintenance employees within the port.

The primary issue before the court was whether the agreement in question complied with the provisions of the Fair Work Act 2009. Specifically, the court had to consider if the agreement met the 'better off overall test' and whether it contained terms that were not genuinely agreed upon by the parties. The court also needed to determine if any provisions of the agreement contravened the Fair Work Act.

The Fair Work Commission found that the agreement did meet the better off overall test, as it provided employees with a more favourable outcome overall than if they were to be governed by the applicable award. The court also concluded that all terms had been genuinely agreed upon by both parties. The Commission was satisfied that no provisions of the agreement contravened the Fair Work Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the Maintenance Employees Enterprise Agreement 2013, thereby allowing it to come into effect. The agreement was set to govern the employment terms of maintenance employees at the Port of Townsville Limited, as per the findings of the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established