Portsea Passenger Services Summary

[2014] FWCA 4184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Portsea Passenger Services
(AG2014/6468)

PORTSEA PASSENGER SERVICES WORKSHOP ENTERPRISE AGREEMENT 2014-2017

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 27 JUNE 2014

Application for approval of the Portsea Passenger Services Workshop Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Portsea Passenger Services Workshop Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Portsea Passenger Services. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[4] The Agreement was approved on 27 June 2014 and, in accordance with s.54, will operate from 4 July 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Portsea Passenger Services Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement, titled the Portsea Passenger Services Workshop Enterprise Agreement 2014 - 2017. The application was contested by the Maritime Union of Australia, who argued the agreement was unfair as it did not meet the 'better off overall test'. The dispute was heard and determined by the Fair Work Commission.

The legal issue before the Commission was whether the proposed agreement was fair and whether it satisfied the 'better off overall test'. This test required the Commission to determine if the agreement was preferable for employees compared to the applicable award, considering both the direct and indirect benefits and detriments of the agreement.

The Commission assessed the agreement by comparing its provisions with the relevant award. It found that the agreement provided employees with a range of benefits, including wage increases, improved leave entitlements, and enhanced working conditions. The Commission concluded that these benefits outweighed the detriments, such as changes to penalty rates, and that the agreement was fair. The application was subsequently approved.

The Fair Work Commission approved the Portsea Passenger Services Workshop Enterprise Agreement 2014 - 2017. The Commission found the agreement met the requirements of the Fair Work Act, including the 'better off overall test', and was therefore fair. The agreement was registered and would apply to the employees covered by it.

Portsea Passenger Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established