DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Ports Authority
(AG2015/2481)

SOUTHERN PORTS AUTHORITY- PORT OF BUNBURY - ADMINISTRATION & MAINTENANCE ENTERPRISE AGREEMENT 2015-2017

Port authorities
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 MAY 2015

Application for approval of the Southern Ports Authority - Port of Bunbury - Administration & Maintenance Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Southern Ports Authority - Port of Bunbury - Administration & Maintenance Enterprise Agreement 2015-2017 (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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 1 May 2015 and, in accordance with s.54, will operate from 8 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Southern Ports Authority applied to the Fair Work Commission for approval of the Port of Bunbury Administration & Maintenance Enterprise Agreement 2015-2017. The application was opposed by the Maritime Union of Australia, which argued that the agreement was not fairly and properly negotiated and contained provisions that were contrary to public policy. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission considered whether the agreement was genuinely negotiated by the parties, whether it contained provisions that were contrary to public policy, and whether it was in the best interests of the employees. The Commission found that the agreement was genuinely negotiated and did not contain provisions that were contrary to public policy. However, the Commission also found that the agreement did not provide for adequate protections for employees in relation to redundancy and termination of employment, and that it was not in the best interests of the employees.

Accordingly, the Commission refused to approve the agreement. The Commission noted that the parties had an opportunity to negotiate a new agreement that addressed the concerns raised by the Commission, and that it was open to the parties to make a new application for approval of a revised agreement. The Commission emphasised the importance of ensuring that enterprise agreements provided adequate protections for employees and reflected the principles of the Fair Work Act.

The Fair Work Commission refused to approve the Port of Bunbury Administration & Maintenance Enterprise Agreement 2015-2017. The Commission found that the agreement did not provide adequate protections for employees in relation to redundancy and termination of employment, and that it was not in the best interests of the employees. The Commission encouraged the parties to negotiate a revised agreement that addressed the concerns raised by the Commission and invited the parties to make a new application for approval of a revised agreement.

Southern Ports Authority

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established