Southern Ports Authority T/A Southern Ports [2022] FWCA 2827 (19 August 2022)

Last Updated: 29 August 2022

[2022] FWCA 2827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement
Southern Ports Authority T/A Southern Ports

(AG2022/3165)

SOUTHERN PORTS-ESPERANCE OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2022 TO 2023

Port authorities
COMMISSIONER HUNT	BRISBANE, 19 AUGUST 2022

Application for approval of the Southern Ports-Esperance Operations and Maintenance Enterprise Agreement 2022 to 2023

[1] Southern Ports Authority T/A Southern Ports (the Employer) has applied for approval of an enterprise agreement known as the Southern Ports-Esperance Operations and Maintenance Enterprise Agreement 2022 to 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Maritime Union of Australia, division of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The CFMMEU 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) of the Act I note that the Agreement covers the CFMMEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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Annexure A – Undertakings