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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Newcastle Port Corporation, trading as the Port Authority of New South Wales, applied to the Fair Work Commission for the approval of the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 2019-2023. The agreement in question was proposed between the Port Authority and the New South Wales Maritime Officers' Federation. The Commission was required to determine whether the agreement was in the interests of the national system and to make an order approving the agreement, if it was satisfied that the agreement met the requirements of the Fair Work Act 2009. The central legal issues the Commission was required to decide were whether the agreement was appropriate for approval under the Act, and whether it met the requirements of the Act. The Commission found that the agreement was appropriate for approval and that it met the requirements of the Act. It considered that the agreement contained provisions that were in the interests of the national system, including provisions that provided for the resolution of workplace disputes and the establishment of a framework for fair and effective workplace relations. The Commission also found that the agreement did not contain any provisions that were contrary to the objectives of the Act or that would have an adverse effect on the national system. Accordingly, the Commission approved the agreement and made an order approving the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 2019-2023. The order took effect on 1 July 2019 and will remain in force until 30 June 2023.

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