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

[2017] FWCA 192

[2017] FWCA 192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Port Corporation T/A Port Authority of New South Wales
(AG2016/7373)

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

Port authorities
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 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/As 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Maritime Officers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2017. The nominal expiry date of the Agreement is 25 March 2019.

COMMISSIONER

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