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

[2017] FWCA 4288

[2017] FWCA 4288

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/2417)

Port Authority of New South Wales - Port Kembla Enterprise Agreement 2017 - 2021

Maritime industry
Commissioner Wilson	MELBOURNE, 17 AUGUST 2017

Application for approval of the Port Authority of New South Wales - Port Kembla Enterprise Agreement 2017-2021.

1. An application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales - Port Kembla Enterprise Agreement 2017 - 2021 (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 T/A Port Authority of New South Wales. The Agreement is a single enterprise agreement.

1. The Applicant has 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.

1. 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.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Maritime Union of Australia and the Australian Maritime Officers Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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ANNEXURE A