Newcastle Port Corporation T/A Port Authority Of New South Wales
[2024] FWCA 748
•27 FEBRUARY 2024
| [2024] FWCA 748 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Newcastle Port Corporation T/A Port Authority Of New South Wales
(AG2024/257)
PORT AUTHORITY OF NEW SOUTH WALES MARINE PILOTS AGREEMENT - NEWCASTLE 2023-2024
| Maritime industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 27 FEBRUARY 2024 |
Application for approval of the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 2023-2024.
Newcastle Port Corporation T/A Port Authority Of New South Wales (the Employer) has made an application for the approval of the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 2023-2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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.
I note that Clause 13.4 – Personal/Carer’s Leave is potentially inconsistent with the National Employment Standards (NES). Noting the submissions provided by the Employer, I am satisfied that Clause 13.4 provides a better benefit than provided by the NES or modern award.
The Australian Maritime Officers’ Union (AMOU) was a bargaining representative for the Agreement and 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 AMOU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2024. The nominal expiry date of the Agreement is 25 March 2024.
DEPUTY PRESIDENT
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