Ports Victoria

[2021] FWCA 7191

[2021] FWCA 7191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ports Victoria
(AG2021/8564)

PORTS VICTORIA (GEELONG) ENTERPRISE AGREEMENT 2021

Port authorities
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 DECEMBER 2021

Application for approval of the Ports Victoria (Geelong) Enterprise Agreement 2021.

[1] Ports Victoria has applied for approval of a single enterprise agreement known as the Ports Victoria (Geelong) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about whether the pre-approval requirements were met and raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided in relation to these matters.

[3] Ports Victoria sought to correct a typographical error in the original application which was not opposed by the bargaining representatives. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Agreement was approved on 20 December 2021 and, in accordance with s.54, will operate from 27 December 2021. The nominal expiry date of the Agreement is 7 October 2023.

DEPUTY PRESIDENT

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Annexure A