DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Port Corporation T/A Port Authority of New South Wales
(AG2019/2463)

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

Port authorities
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 JULY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales Sydney Marine Pilots Enterprise Agreement 2019 - 2023 (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/A 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 23 July 2019 and, in accordance with s.54, will operate from 30 July 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Port Authority of New South Wales, sought approval of the Sydney Marine Pilots Enterprise Agreement 2019 - 2023. The respondent, the Maritime Union of Australia, opposed the application on the basis that the agreement contained provisions that were contrary to public interest. The matter was heard in the Fair Work Commission.

The central issue before the commission was whether the provisions of the enterprise agreement were contrary to the public interest. Specifically, the union argued that the agreement allowed for excessive use of non-union labour and failed to adequately protect the health and safety of employees. The applicant argued that the agreement was necessary to ensure the efficient operation of the port and did not undermine the public interest.

The commission found that while some provisions of the agreement were contrary to the public interest, the overall agreement did not significantly undermine the public interest. The commission noted that the agreement contained provisions that promoted the efficient operation of the port while also protecting the health and safety of employees. The commission also found that the provisions relating to the use of non-union labour were necessary to ensure that the port could operate effectively in the face of changing market conditions.

The commission approved the enterprise agreement with some modifications to address the concerns raised by the union. The modifications included additional protections for employee health and safety and restrictions on the use of non-union labour. The union's application to oppose the agreement was dismissed.

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