Port of Townsville Limited t/a Port of Townsville

[2024] FWCA 4263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Port of Townsville Limited t/a Port of Townsville

(AG2024/4386)

PORT OF TOWNSVILLE LIMITED PORT SERVICES ENTERPRISE AGREEMENT 2024

Port authorities
DEPUTY PRESIDENT ROBERTS	SYDNEY, 3 DECEMBER 2024

Application for approval of the Port of Townsville Limited Port Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Port Services Enterprise Agreement 2024 (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 t/a Port of Townsville (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 2.5 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and that no term of the Agreement shall be less favourable to officers than the corresponding term of the NES. Where the NES provides a greater benefit than this Agreement, the NES provision will apply.

The Australian Maritime Officers Union (AMOU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMOU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Port of Townsville Limited for the approval of the Port of Townsville Limited Port Services Enterprise Agreement 2024. The dispute centred on the terms and conditions of employment for workers within the port services industry, specifically those under the port services enterprise agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the mandatory provisions of the Fair Work Act, including the requirement for "better off overall" and the "no disadvantage" test. The Commission needed to assess if the agreement provided for minimum rates of pay and conditions that were not less favourable than the relevant awards or applicable law, and whether it met the requirements for a simple or certified agreement. Additionally, the Commission had to consider the fairness and reasonableness of the agreement, including the balance of rights and obligations between employers and employees.

In its decision, the Commission examined the provisions of the proposed agreement against the statutory criteria. The Commission found that the agreement provided for terms and conditions that were not less favourable than the relevant awards and applicable law. The proposed minimum rates of pay and conditions were deemed to meet the "better off overall" test, ensuring that employees would not be worse off financially or in terms of conditions. The Commission also considered the agreement to be fair and reasonable, balancing the rights and obligations of both employers and employees. As a result, the Commission approved the Port of Townsville Limited Port Services Enterprise Agreement 2024, finding it to be compliant with the statutory requirements.

The Commission's final orders included the approval of the Port of Townsville Limited Port Services Enterprise Agreement 2024, which would now apply to the relevant employees. The agreement was to take effect from the date of the Commission's decision, providing certainty and clarity for both the employer and the employees regarding their terms and conditions of employment. The decision reinforced the importance of adhering to statutory requirements and the need for a balanced and fair agreement that meets the needs of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established