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austlii:cth/FWCA/2025/3786
General information, not legal advice.
FWCA
2025-11-14
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Australian Port Services (Vic) Pty Ltd T/A Ausport Marine
AUSPORT MARINE AND MUA ENTERPRISE AGREEMENT 2025
Application for approval of the Ausport Marine and MUA Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as Ausport Marine and MUA Enterprise Agreement 2025_5_ (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Port Services (Vic) Pty Ltd T/A Ausport Marine (Ausport). The Agreement is a single enterprise agreement.
[2] In response to several issues raised with Ausport in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings are taken to be a term of the agreement.
[3] The undertakings relate to the precedence of the National Employment Standards (NES) in relation to the Agreement. Based on the undertaking provided, I am satisfied that the any inconsistencies with the NES in the Agreement do not prevent the approval of the Agreement because where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
[4] As the Agreement does not contain a workplace delegates rights term, pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by clause 25A of the Port Authorities Award 2020 is taken to be a term of the Agreement.
[5] 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.
[6] The Maritime Union of Australia (MUA) 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 MUA.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
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