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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CaseChat Overview and Summary

In the Federal Court of Australia, Newcastle Port Corporation T/A Port Authority of New South Wales applied for approval of the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 2016-2019. The application arose from the need to establish terms and conditions for marine pilots operating in the Port of Newcastle, a critical aspect for the safety and efficiency of maritime operations within the port. The Fair Work Commission, which had initially approved the agreement, was the body before which the application was made.

The legal issues before the court centred on whether the agreement complied with the Fair Work Act 2009 and the relevant maritime safety regulations. Specifically, the court had to determine if the agreement adequately covered the terms of employment, including wages, hours of work, and other conditions of employment, while also ensuring compliance with maritime safety standards. The application required scrutiny of whether the agreement met the statutory requirements for approval and whether it adequately balanced the interests of both the employers and employees, while maintaining safety standards.

In its reasoning, the court examined the agreement clause by clause, ensuring that it adhered to the statutory provisions and maritime safety requirements. The court found that the agreement was comprehensive and provided clear terms that were fair and reasonable, taking into account the specific needs of the maritime industry. It held that the agreement appropriately balanced the interests of both the Port Authority and the marine pilots, and that it met the necessary safety standards. Consequently, the court approved the agreement, confirming that it complied with all relevant legal requirements.

The final orders of the court were to approve the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 2016-2019, effective from the date of the court's decision. This approval ensures that the agreement is legally binding and can be implemented to govern the employment conditions of marine pilots within the Port of Newcastle.

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