DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Southern Ports Authority
(AG2020/646)

SOUTHERN PORTS AUTHORITY, PORT OF ALBANY, MAINTENANCE AND OPERATIONS ENTERPRISE AGREEMENT 2020

Port authorities
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 MARCH 2020

Application for approval of the Southern Ports, Port of Albany, maintenance and operations enterprise agreement 2020.

[1] The Southern Ports Authority has made an application for the approval of an enterprise agreement known as the Southern Ports Authority, Port of Albany, Maintenance and Operations Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 23 March 2020 and, in accordance with s 54, will operate from 30 March 2020. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Southern Ports Authority applied for approval of the Southern Ports, Port of Albany, Maintenance and Operations Enterprise Agreement 2020. The application was made under section 234 of the Fair Work Act 2009. The respondent to the application was the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment for employees under the agreement, including wages, penalty rates, leave entitlements, and other employment-related matters.

The legal issues before the Commission were whether the agreement met the "better off overall test" (BOOT) as required by section 233 of the Fair Work Act and whether it contained all the prescribed terms as per section 231. Additionally, the Commission had to consider if the agreement complied with the Fair Work (Registered Organisations) Act 2009, ensuring that the union had the requisite authority to negotiate on behalf of its members. The Commission had to examine the fairness and reasonableness of the agreement's terms and whether it adhered to the statutory requirements for enterprise agreements.

The Commission determined that the agreement satisfied the BOOT, as it provided employees with a favourable balance of benefits and detriments compared to the applicable awards and conditions. The agreement also included all prescribed terms and complied with the statutory requirements. The union's authority to negotiate was found to be valid, and the terms of the agreement were deemed fair and reasonable. Consequently, the Commission approved the agreement, and the Southern Ports Authority was authorised to implement it as a registered enterprise agreement.

Southern Ports Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established