DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Ports Authority T/A Southern Ports
(AG2018/5655)

SOUTHERN PORTS BUNBURY MAINTENANCE ENTERPRISE AGREEMENT 2018

Port authorities
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Southern Ports Bunbury Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Southern Ports Bunbury Maintenance Enterprise Agreement 2018 (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 T/A Southern Ports. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Southern Ports Authority, trading as Southern Ports, applied to the Fair Work Commission for the approval of the Southern Ports Bunbury Maintenance Enterprise Agreement 2018. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009, which allows for the direct registration of an enterprise agreement without the need for a vote by the employees. The dispute involved the terms and conditions of employment for the employees covered by the agreement, including their wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for direct registration as specified in the Fair Work Act. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements for direct registration. The applicant had to demonstrate that the agreement was not detrimental to the employees and that it had been negotiated in good faith.

The Fair Work Commission found that the Southern Ports Bunbury Maintenance Enterprise Agreement 2018 was fair and reasonable in all its terms. The Commission considered the overall balance of the agreement, the nature of the workforce, and the bargaining positions of the parties. It concluded that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the procedural requirements for direct registration. The Commission approved the agreement, allowing it to be registered without the need for a vote by the employees. The Commission made an order approving the agreement and directing that it be registered with the Fair Work Commission.

Southern Ports Authority T/A Southern Ports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established