Newcastle Port Corporation t/a Port Authority of New South Wales

[2019] FWCA 6980

[2019] FWCA 6980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Port Corporation t/a Port Authority of New South Wales
(AG2019/3654)

PORT AUTHORITY OF NEW SOUTH WALES MARINE PILOTS AGREEMENT - NEWCASTLE 2019-2023

Maritime industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 OCTOBER 2019

Application for approval of the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 2019-2023.

[1] Newcastle Port Corporation t/a Port Authority of New South Wales has applied for approval of a single enterprise agreement known as the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Notice of Employee Representational Rights (Notice) was given more than 14 days after the statutory notification time defined at s.173(3). In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] On the basis of the material contained in the application and related materials, 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.

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

[5] The Agreement was approved on 9 October 2019 and, in accordance with s.54, will operate from 16 October 2019. The nominal expiry date of the Agreement is 25 March 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318.

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