DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Portwave Pty Ltd T/A Wescranes
(AG2020/1843)

PORTWAVE PTY LTD EMPLOYEE COLLECTIVE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 AUGUST 2020

Application for approval of the Portwave Pty Ltd Employee Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Portwave Pty Ltd Employee Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Portwave Pty Ltd T/A Wescranes. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2020. The nominal expiry date of the Agreement is 2 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Portwave Pty Ltd, trading as Wescranes, and the Australian Maritime Officers' Union. The dispute was centered around the application for approval of the Portwave Pty Ltd Employee Collective Agreement, which was submitted to the Fair Work Commission. The nature of the dispute revolved around whether the proposed agreement was suitable for endorsement under the Fair Work Act 2009. The case was heard in the Fair Work Commission, an independent statutory tribunal in Australia.

The legal issues that the Fair Work Commission needed to address involved the compliance of the proposed agreement with the Fair Work Act. The primary focus was on whether the agreement met the requirements of being a "modern award" as defined in the Act. Specifically, the Commission had to determine if the agreement was in the "best interests of the employees" and if it was "free of prohibited content". Additionally, the Commission needed to ensure that the agreement did not contain any terms that were less favourable than those provided for in a relevant modern award.

In rendering its decision, the Commission considered various factors. Firstly, the Commission examined the terms of the proposed agreement to ascertain whether they aligned with the principles of a modern award. The Commission noted that the agreement included provisions for wages, conditions of employment, and dispute resolution mechanisms. It was found that the agreement provided for fair and reasonable terms that were in the best interests of the employees. Moreover, the Commission determined that the agreement did not contain any content that was prohibited under the Fair Work Act. Consequently, the Commission concluded that the proposed agreement met the necessary criteria for approval. The Commission approved the application, endorsing the Portwave Pty Ltd Employee Collective Agreement as a modern award.

Portwave Pty Ltd T/A Wescranes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established