Southern Ports Authority, Port of Albany Summary

[2016] FWCA 1546

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Ports Authority, Port of Albany

(AG2016/2160)

SOUTHERN PORTS AUTHORITY, PORT OF ALBANY AGREEMENT

2015

Port authorities

COMMISSIONER LEE

MELBOURNE, 11 MARCH 2016

Application for approval of the Southern Ports Authority, Port of Albany Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Southern Ports Authority, Port of Albany 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.

[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 Maritime Union of Australia 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.
[2016] FWCA 1546

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

18 March 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1546

Annexure A

CaseChat Overview and Summary

In the matter of Southern Ports Authority, Port of Albany, an application was made to the Fair Work Commission for approval of the Southern Ports Authority, Port of Albany Agreement 2015 (the Agreement). The applicant, Southern Ports Authority, Port of Albany, sought approval of the Agreement pursuant to section 185 of the Fair Work Act 2009. The Agreement in question was a single enterprise agreement.

The primary legal issue before the court was whether the Agreement met the criteria for approval under section 185 of the Fair Work Act. This required the court to determine if the Agreement complied with sections 186, 187, 188, and 190 of the Act, and whether the prescribed model consultation term in the Fair Work Regulations 2009 was included. The court also needed to consider whether the Maritime Union of Australia, a bargaining representative for the Agreement, had provided notice under section 183 of the Act, indicating its desire for the Agreement to cover its members.

The court found that the Agreement met all the statutory requirements for approval. The applicant had provided written undertakings ensuring that no financial detriment would be caused to employees, and no substantial changes would be made to the Agreement. The Maritime Union of Australia had given notice under section 183 of the Act, confirming its intention for the Agreement to cover its members. The court concluded that all relevant provisions of the Fair Work Act were satisfied, and the model consultation term was incorporated into the Agreement. Consequently, the Agreement was approved and would come into effect on 18 March 2016, with a nominal expiry date of 31 August 2018.

Southern Ports Authority, Port of Albany

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established