Newcastle Port Corporation
[2023] FWCA 725
•7 MARCH 2023
| [2023] FWCA 725 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Newcastle Port Corporation
(AG2023/273)
Port Authority of New South Wales – Port Kembla Enterprise Agreement 2022 - 2023
| Maritime industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 7 MARCH 2023 |
Application for approval of the Port Authority of New South Wales – Port Kembla Enterprise Agreement 2022 - 2023
An application has been made for approval of an enterprise agreement to be known as the Port Authority of New South Wales – Port Kembla Enterprise Agreement 2022 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Newcastle Port Corporation (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 7 March 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Port Authorities Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisations
The Maritime Union of Australia, and the Australian Maritime Officers’ Union, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2023. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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