Southern Ports Authority T/A Southern Ports

[2022] FWCA 187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Ports Authority T/A Southern Ports

(AG2021/9089)

Southern Ports - Albany Marine Pilots Enterprise Agreement 2021 - 2023

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 24 JANUARY 2022

Application for approval of the Southern Ports - Albany Marine Pilots Enterprise Agreement 2021 - 2023

An application has been made for approval of an enterprise agreement known as the Southern Ports - Albany Marine Pilots Enterprise Agreement 2021 - 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Maritime Officers’ Union (AMOU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMOU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Southern Ports Authority T/A Southern Ports applied for the approval of the Southern Ports - Albany Marine Pilots Enterprise Agreement 2021 - 2023. The dispute concerned the terms and conditions of employment for marine pilots operating in the Albany port area. The applicants argued that the proposed agreement was fair and reasonable, while the respondents raised concerns about various provisions, including pay rates, classification, and dispute resolution mechanisms.

The Commission was required to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement promoted high wages and high levels of employment, and whether it was consistent with the principles of the National Employment Standards and the general protections provisions. The Commission also needed to consider whether the agreement provided for fair and effective dispute resolution mechanisms and whether it met the genuine agreement test.

The Commission found that the proposed agreement was consistent with the statutory objectives and principles. It concluded that the agreement provided for fair wages and conditions of employment, and that it contained adequate dispute resolution mechanisms. The Commission also found that the agreement met the genuine agreement test, as it had been negotiated in good faith between the parties. Given these findings, the Commission approved the Southern Ports - Albany Marine Pilots Enterprise Agreement 2021 - 2023.

The Commission's final orders included the approval of the enterprise agreement, which would now be binding on the parties from the effective date. The agreement sets out the terms and conditions of employment for the marine pilots, including pay rates, classification, and dispute resolution mechanisms, and will remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established