Southern Port Authority Trading AS Southern Ports

[2025] FWCA 1456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Port Authority Trading AS Southern Ports

(AG2025/1174)

SOUTHERN PORTS - ESPERANCE SHIFT SUPERINTENDENTS ENTERPRISE AGREEMENT 2024

Port authorities
COMMISSIONER SCHNEIDER	PERTH, 1 MAY 2025

Application for approval of the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2024

Southern Port Authority (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2024 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Clause 4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency. Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Port Authorities Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 May 2025. The nominal expiry date of the Agreement is 1 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Southern Port Authority Trading v Southern Ports, the Southern Ports Authority sought approval for the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2024. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The union representing the shift superintendents contested the approval, raising concerns about the fairness and appropriateness of certain provisions in the proposed agreement.

The legal issues before the FFWRC were whether the provisions in the enterprise agreement complied with the statutory requirements under the Fair Work Act. Key points of contention included the provisions regarding shift patterns, overtime, and the calculation of penalty rates. The union argued that these provisions were not fair and appropriate, as they could potentially result in excessive working hours and inadequate compensation.

The FFWRC considered the arguments from both parties and examined the provisions in question. The FFWRC determined that the provisions in the enterprise agreement were fair and appropriate. The FFWRC found that the shift patterns were reasonable and did not impose excessive working hours. Additionally, the FFWRC concluded that the overtime provisions and penalty rate calculations were in line with industry standards and did not disadvantage the shift superintendents. Therefore, the FFWRC approved the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2024.

The FFWRC's final order was that the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2024 be approved and registered under the Fair Work Act. The union's application to set aside the approval was dismissed, and the enterprise agreement was registered with the FFWRC. This decision confirmed the validity of the agreement and its provisions, ensuring that the shift superintendents would be governed by the terms set out in the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established