DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Port Corporation T/A Port Authority of New South Wales
(AG2017/1285)

PORT AUTHORITY OF NEW SOUTH WALES SYDNEY MARINE PILOTS ENTERPRISE AGREEMENT 2016 - 2019

Port authorities
COMMISSIONER ROE	MELBOURNE, 17 MAY 2017

Application for approval of the Port Authority of New South Wales Sydney Marine Pilots Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales Sydney Marine Pilots Enterprise Agreement 2016 – 2019 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Port Authority of New South Wales to have the Sydney Marine Pilots Enterprise Agreement 2016-2019 approved. The agreement, which was to be applied to the employees of the Port Authority, needed the court's endorsement before it could be implemented. The decision was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues that the court had to decide were primarily focused on whether the agreement met the necessary requirements under the Fair Work Act 2009. This included verifying if the agreement was made in good faith, if it was free from any coercion or undue influence, and if it complied with the provisions for minimum entitlements set out in the Act. Additionally, the court had to ensure that the agreement's terms were fair and reasonable in all aspects.

The Fair Work Commission examined the application thoroughly, taking into account the submissions from both the Port Authority of New South Wales and the employees' representatives. The court found that the agreement was made in good faith and was free from any coercion or undue influence. It also determined that the agreement provided for minimum entitlements as required by the Fair Work Act 2009 and that its terms were fair and reasonable. As a result, the court approved the Sydney Marine Pilots Enterprise Agreement 2016-2019.

The final orders of the court included the approval of the Sydney Marine Pilots Enterprise Agreement 2016-2019, subject to the terms and conditions set out in the agreement. This decision allowed the Port Authority of New South Wales to implement the agreement and ensure that its employees were covered by a legally binding and fair workplace agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established