DECISION

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

Port of Townsville Limited T/A Port of Townsville
(AG2018/1099)

PORT OF TOWNSVILLE LIMITED MARINE PILOTS ENTERPRISE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JUNE 2018

Application for approval of the Port of Townsville Limited Marine Pilots Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Marine Pilots Enterprise Agreement 2017 (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 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.

[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 2 July 2018. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Port of Townsville Limited T/A Port of Townsville, the Fair Work Commission was called upon to decide on an application for approval of a marine pilots enterprise agreement. The application was brought by the Port of Townsville Limited, who sought to have the agreement, which was made between the employer and the marine pilots, approved under the Fair Work Act 2009. The legal issues that arose in this matter were centred around whether the agreement complied with the statutory requirements for approval under the Act, particularly whether the agreement met the necessary standards for good faith bargaining and if it contained all the required terms and conditions of employment.

The Commission considered the submissions from both parties and reviewed the contents of the proposed agreement. It examined whether the agreement was genuinely negotiated, if it contained the prescribed minimum terms and conditions, and if it adhered to the principles of good faith bargaining. The Commission also looked at the specific provisions of the agreement to ensure they were reasonable and in line with the broader objectives of the Fair Work Act. The court determined that the agreement did meet the statutory requirements for approval and found that the agreement was a product of genuine bargaining, contained all the necessary terms and conditions, and adhered to the principles of good faith.

The Fair Work Commission approved the Port of Townsville Limited Marine Pilots Enterprise Agreement 2017, confirming its compliance with the Fair Work Act. The decision was based on the evidence provided that the agreement was the result of genuine negotiations between the parties, included all the required terms and conditions of employment, and was in line with the principles of good faith bargaining. The Commission found that the agreement was fair and reasonable, and therefore approved it. This approval ensures that the agreement can be implemented as the basis for the employment of marine pilots at the Port of Townsville.

Port of Townsville Limited T/A Port of Townsville

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established