Port of Townsville Limited t/a Port of Townsville Summary

[2024] FWCA 4262

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

(AG2024/4337)

PORT OF TOWNSVILLE LIMITED ADMINISTRATIVE, TECHNICAL, SUPERVISORY, AND PROFESSIONAL EMPLOYEES ENTERPRISE AGREEMENT 2024

Port authorities
DEPUTY PRESIDENT ROBERTS	SYDNEY, 3 DECEMBER 2024

Application for approval of the Port of Townsville Limited Administrative, Technical, Supervisory, and Professional Employees Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Administrative, Technical, Supervisory, and Professional Employees 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. 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 employees 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

In the matter of Port of Townsville Limited trading as Port of Townsville, an application was lodged for the approval of the Port of Townsville Limited Administrative, Technical, Supervisory, and Professional Employees Enterprise Agreement 2024. The application was brought before the Fair Work Commission. The primary dispute centered around whether the proposed enterprise agreement complied with the relevant legislative provisions and whether it was made in good faith and in the best interests of the employees.

The legal issues the court had to decide included whether the agreement satisfied the requirements under the Fair Work Act 2009, particularly concerning the process of making the agreement and the substantive provisions of the agreement. The court had to examine if the agreement was made in good faith and if it met the criteria for covering the employees adequately. The court also considered whether the agreement contained provisions that were not in the best interests of the employees and whether any mandatory provisions were included.

The Fair Work Commission found that the application for approval was valid and that the proposed agreement was made in good faith. The court determined that the agreement was appropriately made following the correct procedures and that it did not contain any provisions that were not in the best interests of the employees. The court approved the agreement, finding it complied with all necessary legislative requirements and was beneficial to the employees. The approval of the enterprise agreement was a decisive step in formalising the terms and conditions for the specified employees of Port of Townsville Limited.

Port of Townsville Limited t/a Port of Townsville

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established