DECISION

Fair Work Act 2009 s.185—Enterprise agreement

Southern Ports Authority, Port of Esperance T/A Southern Ports Authority
(AG2016/2850)

SPA PORT OF ESPERANCE TERMINAL SUPERVISORS AGREEMENT 2014

Port authorities
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2016

Application for approval of the SPA PORT OF ESPERANCE TERMINAL SUPERVISORS AGREEMENT 2014

[1] An application has been made for approval of an enterprise agreement known as the SPA PORT OF ESPERANCE TERMINAL SUPERVISORS AGREEMENT 2014 (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 Esperance T/A 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 13 June 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Southern Ports Authority, acting through its Port of Esperance Terminal, applied to the Fair Work Commission for approval of the SPA Port of Esperance Terminal Supervisors Agreement 2014. The dispute centred on the agreement's provisions concerning the classification and duties of supervisors and the associated wages and conditions. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009, particularly regarding its impact on the workforce and the broader labour market.

The primary legal issues before the Commission involved the interpretation of the agreement's provisions and whether they met the legislative requirements for an enterprise agreement. This included assessing whether the agreement unfairly disadvantaged certain employees, whether it was in the best interest of the workforce, and if it conformed to the provisions of the Fair Work Act. The Commission had to consider the implications of the agreement on the classification of supervisors, the associated wage rates, and the broader impact on the port's operations and employees.

In reaching its decision, the Fair Work Commission evaluated the submissions from both the Southern Ports Authority and the relevant unions. The Commission noted that the agreement provided clear definitions of the roles and responsibilities of supervisors, which aligned with industry standards. The Commission found that the agreement did not unfairly disadvantage any employees and that the wage rates were competitive and appropriate for the roles defined. The Commission concluded that the agreement was in the best interest of the workforce and did not have an adverse effect on the broader labour market. Consequently, the Fair Work Commission approved the SPA Port of Esperance Terminal Supervisors Agreement 2014.

Southern Ports Authority, Port of Esperance T/A 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