Newcastle Port Corporation T/A Port Authority Of Nsw
[2025] FWCA 679
•20 FEBRUARY 2025
| [2025] FWCA 679 |
| 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 Nsw
(AG2025/165)
PORT AUTHORITY OF NEW SOUTH WALES PORT KEMBLA MARINE PILOTS ENTERPRISE AGREEMENT 2024-2027
| Maritime industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 20 FEBRUARY 2025 |
Application for approval of the Port Authority of New South Wales Port Kembla Marine Pilots Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement to be known as the Port Authority of New South Wales Port Kembla Marine Pilots Enterprise Agreement 2024-2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Newcastle Port Corporation T/A Port Authority Of Nsw (Employer). The Agreement is a single enterprise agreement.
NERR issue
There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
Undertakings
The Employer has provided written undertakings dated 20 February 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Port Authorities Award 2020) and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Australian Maritime Officers’ Union (AMOU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2025. The nominal expiry date of the Agreement is 30 September 2027.
DEPUTY PRESIDENT
ANNEXURE A
[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
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