Port Of Townsville Limited Trading AS Port Of Townsville

[2025] FWCA 3524

[2025] FWCA 3524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port Of Townsville Limited Trading AS Port Of Townsville

(AG2025/3377)

PORT OF TOWNSVILLE LIMITED MAINTENANCE AND SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2024

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 23 OCTOBER 2025

Application for approval of the Port of Townsville Limited Maintenance and Security Employees Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Maintenance and Security 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 (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting clause 2.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division Queensland Divisional Branch (CEPU) and The Construction, Forestry and Maritime Employees Union - The Maritime Union of Australia Division (MUA) lodged a Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU and the MUA.

COMMISSIONER

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