Application by Port Of Townsville Limited Trading AS Port Of Townsville
Citation: [2026] FWCA 1619
What happened
Port Of Townsville Limited Trading AS Port Of Townsville sought approval for a new enterprise agreement, called the Port of Townsville Limited Marine Pilots Enterprise Agreement 2026. The application was made under section 185 of the Fair Work Act 2009. The Australian Maritime Officers’ Union (AMOU) indicated they wished to be covered by the agreement.
What was decided
The Fair Work Commission approved the Port Of Townsville Limited Marine Pilots Enterprise Agreement 2026. The Commissioner found that all relevant requirements of sections 186, 187 and 188 of the Act were met. A model flexibility term is deemed to be included in the agreement under section 202(4) of the Act. The AMOU will be covered by the agreement as per section 201(2). It will operate from June 30, 2026, and expire on February 28, 2029.
What it means for employers
Employers should ensure any enterprise agreements they propose comply with all requirements of the Fair Work Act. They must also be aware that model flexibility terms may be automatically included, even if not explicitly stated in the agreement. Consideration needs to be given to how the agreement interacts with National Employment Standards (NES).
What it means for employees
Employees should review enterprise agreements carefully to understand their entitlements and ensure they are more beneficial than the NES where there is a conflict. The AMOU will now be covered by this agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections