DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Newcastle Port Corporation T/A Port Authority of New South Wales
(AG2015/3278)

PORT AUTHORITY OF NEW SOUTH WALES - SYDNEY ENTERPRISE AGREEMENT 2014 - 2017

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 27 JULY 2015

Application for approval of the Port Authority of New South Wales - Sydney Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales – Sydney Enterprise Agreement 2014 - 2017(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 trading as Port Authority of New South Wales (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 10 July 2015. The application included a Statutory Declaration of Brock Kalanj dated 1 July 2015 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 22 June 2015. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made some 4 days after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 27 July 2015. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Meghann Papa made on behalf of the Australian Maritime Officers' Union (the AMOU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 52 and a consultation term at clause 49.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The MUA and the AMOU, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA and the AMOU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 3 August 2015. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Port Authority of New South Wales applied to the Fair Work Commission for the approval of the Sydney Enterprise Agreement 2014-2017. The application was made by the employer, the Port Authority of New South Wales, which operates the Port of Newcastle and is a statutory corporation under the New South Wales Government. The agreement in question was negotiated between the employer and the Maritime Union of Australia, and it pertains to the terms and conditions of employment for the union’s members who are employees of the employer. The dispute centred around the validity and fairness of the agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval. Specifically, the Commission had to determine if the agreement had been negotiated in good faith, if it contained the mandatory terms, and if it was free from prohibited content. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees and the employer, and if it was fair and reasonable. The Commission also needed to consider if the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009.

In making its decision, the Commission considered the evidence and submissions from both parties. It noted that the agreement contained all the mandatory terms and was free from prohibited content. The Commission found that the agreement had been negotiated in good faith and was in the best interests of both the employees and the employer. The Commission was satisfied that the agreement was fair and reasonable, and it complied with all relevant legislative provisions. Therefore, the Commission approved the Sydney Enterprise Agreement 2014-2017, stating that it met the criteria for approval under the Fair Work Act 2009.

The final orders of the Commission included the approval of the Sydney Enterprise Agreement 2014-2017, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement and was to be registered with the Fair Work Commission. The Commission also ordered that the agreement be published on its website to ensure transparency and accessibility for all interested parties. This decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of their employment.

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