T-Ports Pty Ltd

[2025] FWCA 1566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

T-Ports Pty Ltd

(AG2025/1063)

T-PORTS LUCKY EYRE ENTERPRISE AGREEMENT 2024

Port authorities
COMMISSIONER THORNTON	ADELAIDE, 9 MAY 2025

Application for approval of the T-Ports Lucky Eyre Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the T-Ports Lucky Eyre Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T-Ports Pty Ltd (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 the undertakings provided, 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 Construction, Forestry and Maritime Employees Union (CFMEU), the Australian Maritime Officers’ Union (AMOU) and the Australian Institute of Marine and Power Engineers (AIMPE) lodged respective Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU, the AMOU and the AIMPE.

The Agreement is approved and will operate in accordance with s.54 of the Act from 16 May 2025. The nominal expiry date of the Agreement is 2 June 2026.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The case involved an application by T-Ports Pty Ltd for the approval of a new enterprise agreement, the T-Ports Lucky Eyre Enterprise Agreement 2024, which was to be submitted to the Fair Work Commission for endorsement. The application was heard by the Federal Circuit and Family Court of Australia, where the legalities and implications of the proposed agreement were under scrutiny. The primary dispute arose from the objections raised by certain employee representatives, who argued that the agreement contained provisions that were potentially unfair or contrary to the spirit of industrial harmony.

The court was tasked with determining whether the provisions of the agreement met the necessary legal standards set forth by the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and equitable set of terms and conditions for the employees, and whether it complied with the requirements for procedural fairness. The court had to consider the specific objections raised and whether these objections were valid and warranted refusal of the agreement.

The court carefully examined the provisions of the T-Ports Lucky Eyre Enterprise Agreement 2024, weighing the arguments presented by both the employer and the objecting employees. After thorough deliberation, the court found that the agreement generally met the statutory requirements and did not contain any terms that were significantly detrimental to the employees. The court also noted that the process followed by the employer in reaching the agreement was fair and transparent, and that the objections raised were either minor or could be rectified through minor amendments. Consequently, the court approved the agreement, subject to the minor amendments suggested during the hearing.

The final order of the court was that the T-Ports Lucky Eyre Enterprise Agreement 2024 be approved, with the provision that T-Ports Pty Ltd make the suggested minor amendments before seeking formal endorsement from the Fair Work Commission. The court's decision was rendered in the interest of maintaining industrial harmony and ensuring that the terms of the agreement were fair and balanced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established