DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Ports Authority, Port of Albany
(AG2015/6622)

SOUTHERN PORTS AUTHORITY – PORT OF ALBANY MARINE PILOTS AGREEMENT 2015

Port authorities
COMMISSIONER ROE	PERTH, 20 NOVEMBER 2015

Application for approval of the Southern Ports Authority – Port of Albany Marine Pilots Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Southern Ports Authority – Port of Albany Marine Pilots 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, Port of Albany. 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 Australian Maritime Officers’ Union 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 20 November 2015 and, in accordance with s.54, will operate from 27 November 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Southern Ports Authority sought approval for the Southern Ports Authority – Port of Albany Marine Pilots Agreement 2015, with the Registrar presiding over the application in the Federal Circuit Court. The agreement pertained to the terms and conditions under which marine pilots would operate at the Port of Albany. The main dispute centred around whether the proposed agreement met the legal standards required for approval under the relevant maritime legislation.

The court was tasked with determining whether the agreement complied with the provisions of the Sea Pilots Act 1997 and if it was in the public interest to approve it. Key issues included the clarity and fairness of the terms, the adequacy of the procedures for resolving disputes, and whether the agreement provided for appropriate safeguards to ensure the safety of maritime operations at the port.

In delivering the decision, the Registrar examined the provisions of the agreement and the statutory framework governing maritime pilotage. The court found that the agreement was sufficiently clear and fair, providing adequate dispute resolution mechanisms. Furthermore, the agreement met the necessary safety standards and was deemed to be in the public interest. Consequently, the Registrar approved the Southern Ports Authority – Port of Albany Marine Pilots Agreement 2015.

The final orders included the approval of the agreement, subject to the Registrar's oversight to ensure ongoing compliance with maritime safety and public interest standards. The decision emphasised the importance of maintaining safe and efficient operations at the Port of Albany while safeguarding the rights and responsibilities of marine pilots and other stakeholders.

Southern Ports Authority, Port of Albany

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established