DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Ports Authority T/A Southern Ports
(AG2018/1144)

SOUTHERN PORTS - ESPERANCE SHIFT SUPERINTENDENTS ENTERPRISE AGREEMENT 2018

Port authorities
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2018

Application for approval of the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Southern Ports - Esperance Shift Superintendents 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Ports Authority T/A Southern Ports, an entity involved in port operations, brought an application before the Fair Work Commission for the approval of the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2018. The primary concern was whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was contested by various unions, including the Maritime Union of Australia and the Transport Workers Union, who raised objections on the grounds that the agreement did not fairly reflect the needs and interests of the employees it was meant to cover.

The central legal issues that the Commission had to decide upon were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission needed to determine whether the agreement was genuinely negotiated, free from coercion or undue influence, and whether it was made in good faith. Substantively, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions of employment, ensuring that it was not detrimental to the employees it covered.

In delivering its decision, the Fair Work Commission found that the agreement was genuinely negotiated and made in good faith. The Commission acknowledged that the parties had followed appropriate procedures and that the terms of the agreement did not exhibit any signs of coercion or undue influence. The Commission also determined that the agreement provided for fair and reasonable terms and conditions of employment, ensuring that it was not detrimental to the employees. Consequently, the Commission approved the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2018, finding it met all necessary requirements under the Fair Work Act.

As a result of the Commission's decision, the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2018 was approved and is now a legally binding document between the Southern Ports Authority and the employees it covers. The agreement will now govern the terms and conditions of employment for the relevant shift superintendents, providing a framework for their working arrangements within the Southern Ports Authority.

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