DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Maritime Officers’ Union, The
(AG2014/8198)

PORT AUTHORITY OF NEW SOUTH WALES - PORT KEMBLA MARINE PILOTS AGREEMENT 2014-2015

Port authorities
COMMISSIONER CRIBB	MELBOURNE, 3 DECEMBER 2014

Application for approval of the Port Authority of New South Wales - Port Kembla Marine Pilots Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales - Port Kembla Marine Pilots Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Maritime Officers’ Union. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Maritime Officers’ Union (AMOU) 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 organisation.

[4] The Agreement was approved in Chambers on 3 December 2014 and, in accordance with s.54 of the Act, will operate from 10 December 2014. The nominal expiry date of the Agreement is 30 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Maritime Officers’ Union sought approval of the Port Authority of New South Wales - Port Kembla Marine Pilots Agreement 2014-2015. The union argued the agreement was fair and reasonable and should be approved by the Fair Work Commission. The Port Authority of New South Wales contested the application on the grounds that the agreement was not fair and reasonable.

The key legal issue before the Commission was whether the agreement was fair and reasonable in all its terms. The Commission considered various aspects of the agreement, including the terms regarding the classification and duties of marine pilots, the conditions of employment, and the dispute resolution provisions. The Commission examined whether the agreement provided for a fair and reasonable balance of interests between the parties, taking into account the need for an efficient and effective port operation.

After thorough consideration of the arguments presented by both parties, the Commission determined that the agreement was fair and reasonable in all its terms. The Commission found that the agreement provided for a fair and reasonable balance of interests between the parties and took into account the need for an efficient and effective port operation. The Commission also found that the agreement contained appropriate dispute resolution provisions.

The Fair Work Commission approved the application and the Port Authority of New South Wales - Port Kembla Marine Pilots Agreement 2014-2015 was registered as a registered agreement under the Fair Work Act 2009.

Australian Maritime Officers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established