DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Ports Corporation (Melbourne)
(AG2018/1210)

VICTORIAN PORTS CORPORATION (MELBOURNE) ENTERPRISE AGREEMENT 2017

Port authorities
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2018

Application for approval of the Victorian Ports Corporation (Melbourne) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Ports Corporation (Melbourne) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Ports Corporation (Melbourne). The Agreement is a single enterprise agreement.

[2] The Applicant 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 Australian Maritime Officers’ 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 28 June 2018. The nominal expiry date of the Agreement is 23 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Ports Corporation (Melbourne) sought approval for the Enterprise Agreement 2017, which aimed to regulate the terms and conditions of employment for its employees. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval. The nature of the dispute centred around the specifics of the agreement, particularly the terms concerning wages, hours of work, and other employment conditions. The Commission had to decide if the agreement was fair and if it complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement satisfied the "better off overall test" (BOOT), which required that employees be no worse off financially under the new agreement. The Commission also needed to determine if the agreement was procedurally sound, ensuring that the bargaining process adhered to the necessary legal standards. Furthermore, the Commission had to consider whether the agreement contained provisions that were outside the scope of permissible matters under the Fair Work Act.

In delivering its decision, the Fair Work Commission examined the evidence presented and the arguments from both parties. The Commission concluded that the agreement was fair and met the BOOT, as it provided employees with benefits that outweighed any potential detriments. Additionally, the Commission found that the bargaining process was procedurally sound and that the agreement did not contain any impermissible provisions. Consequently, the Commission approved the Enterprise Agreement 2017.

Victorian Ports Corporation (Melbourne)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established