DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Ports Authority
(AG2015/6522)

SOUTHERN PORTS AUTHORITY PORT OF ESPERANCE ADMINISTRATION ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Southern Ports Authority Port of Esperance Administration Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Southern Ports Authority Port of Esperance Administration Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Ports Authority. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 13 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this matter were the Southern Ports Authority and the Maritime Union of Australia. The dispute arose from the proposed implementation of the Southern Ports Authority Port of Esperance Administration Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the requirements of section 234 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the interests of the employees it was intended to cover, and if it provided for the protection of employees from adverse action. The Commission found that the agreement was in the interests of the employees and that it provided for the necessary protections against adverse action. The Commission also noted that the agreement contained provisions for dispute resolution and had been negotiated in good faith. In making its decision, the Commission considered the overall fairness of the agreement, its impact on the employees, and the process by which it was negotiated. The Commission was satisfied that the agreement met all necessary requirements and approved it. The final order was that the Southern Ports Authority Port of Esperance Administration Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009.

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