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

[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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of an application for the approval of the Port Authority of New South Wales - Port Kembla Enterprise Agreement 2017-2021, the applicant, the Port Authority of New South Wales, sought approval from the Fair Work Commission. The respondent, the Maritime Officers' Union, opposed the application on the basis of concerns about the terms and conditions of employment under the proposed agreement. The case was heard in the Fair Work Commission of Australia.

The legal issues before the Commission centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained terms that were in the best interests of the employees, and whether it complied with the requirements of the Fair Work Act. The respondent argued that the proposed agreement did not adequately protect the interests of the employees, particularly in relation to the provisions concerning shift patterns and rostering.

The Commission examined the provisions of the proposed agreement and considered the arguments presented by both parties. The Commission found that the agreement contained terms that were in the best interests of the employees and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable balance between the interests of the employer and the employees, and that it included provisions that were designed to improve the working conditions of the employees. The Commission concluded that the proposed agreement met the criteria for approval and granted the application for approval of the Port Authority of New South Wales - Port Kembla Enterprise Agreement 2017-2021.

The Fair Work Commission approved the Port Authority of New South Wales - Port Kembla Enterprise Agreement 2017-2021, effective from 1 July 2017. The Commission's decision was based on its finding that the proposed agreement contained terms that were in the best interests of the employees and complied with the requirements of the Fair Work Act. The Commission's approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are fair and reasonable, and that the agreement provides for a balanced approach to the interests of both the employer and the employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established