Newcastle Port Corporation T/A Port Authority Of Nsw

[2024] FWCA 601

[2024] FWCA 601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Newcastle Port Corporation T/A Port Authority Of Nsw

(AG2024/154)

PORT AUTHORITY OF NEW SOUTH WALES – NEWCASTLE ENTERPRISE AGREEMENT 2023-2024

Maritime industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 FEBRUARY 2024

Application for approval of the Port Authority of New South Wales - Newcastle Enterprise Agreement 2023-2024

1. An application has been made for approval of an enterprise agreement to be known as the Port Authority of New South Wales - Newcastle Enterprise Agreement 2023-2024 (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.

Undertakings

1. The Employer has provided written undertakings dated 9 February 2024. 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 organisations

1. The Australian Maritime Officers’ Union (AMOU), and  the Construction, Forestry and Maritime Employees Union - The Maritime Union of Australia Division (CFMEU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

1. 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.[1]

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2024. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Annexure A

[1]     The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023.  This Agreement was made after 6 June 2023. 

Printed by authority of the Commonwealth Government Printer

<AE523538  PR771317>