DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Port Authority T/A Port Authority of New South Wales
(AG2018/7031)

PORT AUTHORITY OF NEW SOUTH WALES PORT KEMBLA MARINE PILOTS ENTERPRISE AGREEMENT - 2018-2022

Port authorities
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Port Authority of New South Wales Port Kembla Marine Pilots Enterprise Agreement - 2018-2022.

[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 Enterprise Agreement - 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Newcastle Port Authority T/A Port Authority of New South Wales. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Maritime Officers’ Union 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Port Authority of New South Wales applied for the approval of the Port Authority of New South Wales Port Kembla Marine Pilots Enterprise Agreement for the period 2018 to 2022. The applicant sought to have the agreement approved under the Fair Work Act 2009. The Fair Work Commission heard the matter and had to determine if the agreement met the requirements of the Act and was fit for purpose.

The central legal issues before the Commission were whether the agreement contained the mandatory terms required by the Fair Work Act, and whether the agreement was fair and appropriate. The Commission needed to examine the terms of the agreement to ensure they met the statutory requirements and also considered the fairness of the agreement in the context of the parties' bargaining positions, the nature of the work, and the overall terms and conditions of employment.

The Commission found that the agreement contained all the mandatory terms required by the Act and was fair and appropriate. The Commission considered the bargaining positions of the parties, the nature of the work, and the overall terms and conditions of employment. The Commission was satisfied that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that it met the requirements of the Act. The Commission approved the agreement, finding it to be fit for purpose.

The Fair Work Commission approved the Port Authority of New South Wales Port Kembla Marine Pilots Enterprise Agreement for the period 2018 to 2022. The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act and was fair and appropriate. The agreement was approved as meeting the requirements of the Act and fit for purpose.

Newcastle Port Authority T/A Port Authority of New South Wales

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established