Newcastle Port Corporation T/A Port Authority of New South Wales

[2018] FWCA 6048

[2018] FWCA 6048

FAIR WORK COMMISSION

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

(AG2018/65)

PORT AUTHORITY OF NEW SOUTH WALES SYDNEY ENTERPRISE AGREEMENT 2017-2021

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 27 SEPTEMBER 2018

Application for approval of the Port Authority of New South Wales Sydney Enterprise Agreement 2017-2021.

1. An application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales Sydney Enterprise Agreement 2017-2021 (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.

1. The application was lodged with the Fair Work Commission (the Commission) at Sydney on 5 January 2018. On 10 May 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Ni Gao made on behalf of the Employer and dated 23 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 22 December 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

1. The file has included a Statutory Declaration of Adam Jacka dated 11 January 2018, and made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application. The MUA has subsequently become part of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU). The Statutory Declaration of Mr Jacka indicated, inter alia, that approval of the Agreement was opposed. Consequently, the application for approval was listed for Hearing before the Commission on 8 August 2018, and then subsequently further Hearing of the matter was scheduled for today, 27 September 2018.

1. At the commencement of the further Hearing today the Commission was advised that as a result of the execution of a Memorandum of Understanding between the Employer and the Union Parties to the Agreement, there was no longer any opposition from the CFMMEU to the application for approval of the Agreement.

1. Part 2-4 of the Act includes various procedural requirements that must be satisfied before 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.

1. I note that the file has included a Statutory Declaration of Chris Neiberding made on behalf of the Australian Maritime Offices Union (the AMOU), as an employee organisation in relation to the application.

1. I note that the Agreement contains a flexibility term at clause 50 and a consultation term at clause 47.

1. 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.

1. The CFMMEU and the AMOU, being bargaining representatives for the Agreement, have 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 CFMMEU and the AMOU.

1. The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 4 October 2018. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 30 June 2021.

COMMISSIONER

Appearances:

Mr T Woods, solicitor of Lander & Rogers appeared for the Employer.

Mr P Boncardo of Counsel appeared for the Construction, Forestry, Maritime, Mining and Energy Union.

Hearing details:

2018.
Sydney:
August, 8
September, 27.

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