Southern Ports Authority T/A Southern Ports

[2025] FWCA 271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Ports Authority T/A Southern Ports

(AG2024/5263)

SOUTHERN PORTS BUNBURY PILOT BOAT ENTERPRISE AGREEMENT 2023

Port authorities
COMMISSIONER SCHNEIDER	PERTH, 23 JANUARY 2025

Application for approval of the Southern Ports Bunbury Pilot Boat Enterprise Agreement 2023

Southern Ports Authority T/A Southern Ports (the Applicant) has made an application for the approval of an enterprise agreement known as the Southern Ports Bunbury Pilot Boat Enterprise Agreement 2023 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act).

The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Port Authorities Award 2020 is taken to be a term of the Agreement.

The Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it.

In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 January 2025.

The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Southern Ports Authority, trading as Southern Ports, applied to the Fair Work Commission for approval of the Southern Ports Bunbury Pilot Boat Enterprise Agreement 2023. The application involved the terms and conditions of employment for the pilots operating under the authority’s Bunbury Pilot Boat service. The Fair Work Commission heard the application to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission needed to assess if the agreement contained the minimum terms and conditions as required by the Act, and if it was genuinely negotiated between the employer and the employees.

The primary legal issues were whether the agreement included the mandated minimum terms and conditions, and if it had been genuinely negotiated between the parties. The Commission examined the agreement to ensure it complied with the statutory minimum standards, and assessed the negotiation process to confirm it was bona fide. The authority argued that the agreement was comprehensive and reflected the terms negotiated with the employees. The employees, represented by a union, contended that certain terms did not meet the minimum standards and questioned the genuineness of the negotiation process.

The Fair Work Commission found that the agreement contained all the required minimum terms and conditions, and that it was genuinely negotiated. The Commission determined that the authority had fulfilled its obligations under the Fair Work Act, and that the negotiation process was valid. As a result, the Commission approved the agreement. The Commission noted that while some terms were contentious, they were ultimately acceptable under the legislation. The genuineness of the negotiation process was also upheld, dismissing the union’s concerns.

The Fair Work Commission approved the Southern Ports Bunbury Pilot Boat Enterprise Agreement 2023. The decision confirmed the agreement met all statutory requirements and was the product of genuine negotiations. This approval ensures that the terms and conditions of employment for the pilots are legally compliant and recognised under the Fair Work Act. The Commission's decision provides clarity for both the employer and the employees, ensuring that their rights and obligations are clearly defined and protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established