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

[2024] FWCA 2078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/1661)

PORT AUTHORITY OF NEW SOUTH WALES SYDNEY MARINE PILOTS ENTERPRISE AGREEMENT 2023 - 2024

Maritime Industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 5 JUNE 2024

Application for approval of the Port Authority of New South Wales Sydney Marine Pilots Enterprise Agreement 2023 - 2024

Introduction

Newcastle Port Corporation T/A Port Authority of New South Wales (the Employer) has made an application for approval of an enterprise agreement known as the Port Authority of New South Wales Sydney Marine Pilots Enterprise Agreement 2023 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2024. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Newcastle Port Corporation, trading as the Port Authority of New South Wales, and the dispute centred on the approval of the Port Authority of New South Wales Sydney Marine Pilots Enterprise Agreement 2023-2024. The Commission was tasked with assessing the agreement to ensure it complied with the applicable provisions of the Fair Work Act 2009 and other relevant legislation.

The central legal issues the Commission needed to resolve were whether the agreement provided fair and reasonable terms and conditions of employment for the marine pilots and if it complied with all the statutory requirements. This involved examining the provisions of the agreement concerning wages, hours of work, leave entitlements, and other employment conditions, as well as ensuring that the agreement was certified by an independent certifier as meeting the "better off overall test."

The Fair Work Commission concluded that the agreement satisfied all legal requirements and provided fair and reasonable terms and conditions for the employees. The Commission noted that the agreement had been independently certified and met the "better off overall test," ensuring that the employees were not worse off financially under the new agreement compared to their previous conditions. Furthermore, the Commission found that the agreement included provisions that aligned with the principles of the Fair Work Act, including those relating to minimum wage rates, reasonable hours of work, and adequate leave entitlements.

As a result, the Fair Work Commission approved the Port Authority of New South Wales Sydney Marine Pilots Enterprise Agreement 2023-2024, effective from the date of the decision. This decision ensures that the terms and conditions of employment for the marine pilots are legally compliant and fairly negotiated, providing a stable framework for industrial relations within the port authority.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established