Ports Victoria T/A Ports Victoria

[2024] FWCA 3138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ports Victoria T/A Ports Victoria

(AG2024/2961)

PORTS VICTORIA ENTERPRISE AGREEMENT 2023

Port authorities
COMMISSIONER WILSON	MELBOURNE, 30 AUGUST 2024

Application for approval of the Ports Victoria Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ports Victoria Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ports Victoria T/A Ports Victoria. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 26 June 2023 and the Agreement was made on 21 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2024. The nominal expiry date of the Agreement is 1 November 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ports Victoria, trading as Ports Victoria, applied for approval of the Ports Victoria Enterprise Agreement 2023. The application was brought by the Maritime Union of Australia. The dispute involved the terms and conditions of employment for workers in the maritime industry employed by Ports Victoria, specifically focusing on the proposed agreement's compliance with relevant statutory requirements and fairness standards.

The central legal issues for the Commission to address were whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009, including provisions for minimum entitlements, and whether the agreement was fair and reasonable in all aspects. The Commission also considered the process by which the agreement was made, including the extent of employee involvement and consultation.

The Commission found that the proposed agreement met the statutory requirements and was fair and reasonable. The agreement included provisions for minimum wages and conditions, as well as additional benefits that were negotiated in good faith. The Commission was satisfied that the agreement was made following a proper process, with adequate employee consultation and representation. Given these findings, the Commission approved the Ports Victoria Enterprise Agreement 2023.

The Commission's approval of the agreement is subject to its registration with the Fair Work Commission. The final order was that the agreement be approved and registered, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established