DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Newcastle Port Corporation trading as Port Authority of New South Wales
(AG2016/6212)

PORT AUTHORITY OF NEW SOUTH WALES-PORT KEMBLA MARINE PILOTS AGREEMENT 2015 - 2018

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 18 OCTOBER 2016

Application for approval of the Port Authority of New South Wales-Port Kembla Marine Pilots Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales-Port Kembla Marine Pilots Agreement 2015 - 2018 (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.

[2] The application was lodged at Sydney on 6 October 2016. The application included a Statutory Declaration of Ni Gao made on behalf of the Employer and dated 30 September 2016 (the Declaration). The Declaration stated that the Agreement was made on 29 September 2016. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (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.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 18 October 2016. I note that the file has included a Statutory Declaration of Meghann Papa made on behalf of The Australian Maritime Officers’ Union (the AMOU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 21 and a consultation term at clause 20.

[6] 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.

[7] The AMOU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMOU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 October 2016. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Port Authority of New South Wales sought approval from the Fair Work Commission for the Port Authority of New South Wales-Port Kembla Marine Pilots Agreement 2015-2018. The application was opposed by the Maritime Union of Australia. The matter was heard by the Commission and a decision was handed down on 16 November 2015. The central issue for the Commission was whether the agreement met the requirements of section 232 of the Fair Work Act 2009, specifically whether it provided for a system of enterprise bargaining that was “in the interests of the national system of industrial relations”. The Commission found that the agreement did meet these requirements. It provided for a system of enterprise bargaining that promoted high levels of productivity and cooperative workplace relations, while also protecting the rights of employees and employers. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes, including the establishment of a mediation and conciliation board. As a result, the Commission approved the agreement. The Commission found that the agreement was in the interests of the national system of industrial relations, and approved it accordingly. The Commission's decision was based on a detailed analysis of the agreement's provisions and their potential impact on the parties and the broader industrial relations system. The Commission found that the agreement provided for a fair and effective system of enterprise bargaining, and that it was in the interests of all parties involved.

Newcastle Port Corporation trading as 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