T-Ports Pty Ltd [2025] FWCA 1566 (9 May 2025)

[1] 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.

[2] 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.

[3] 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.

[4] 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.

[5] 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.

[6] 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.