Newcastle Port Corporation

[2013] FWCA 7645

[2013] FWCA 7645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Newcastle Port Corporation
(AG2013/2984)

NEWCASTLE PORT CORPORATION ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 1 OCTOBER 2013

Application for approval of the Newcastle Port Corporation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Port Corporation Enterprise Agreement 2013 (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 Corporation (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 20 September 2013. The application included a Statutory Declaration of Garry Webb made on behalf of the Employer and dated 9 September 2013, (the Declaration). The Declaration stated that the Agreement was made on 9 September 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 1 October 2013. I note that the file has included a Statutory Declaration of Robert Coombs made on behalf of the Australian Maritime Officers Union (AMOU), as an employee organisation in relation to the application. Further, I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (MUA), as an employee organisation in relation to the application. Further, I note that the file has included a Statutory Declaration of Joseph Fallone made on behalf of the Australian Institute of Marine and Power Engineers (AIMPE), as an employee organisation in relation to the application. Further, I note that the file has included a Statutory Declaration of Paul Davies made on behalf of The Association of Professional Engineers, Scientists and Managers, (APESMA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 20.

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

[7] The AMOU, the MUA, the AIMPE and the APESMA being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMOU, the MUA, the AIMPE and the APESMA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 8 October 2013. The nominal expiry date of the Agreement as specified in clause 3(a) of the Agreement, is 30 June 2016.

COMMISSIONER

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