Newcastle Port Corporation trading as Port Authority of New South Wales

[2016] FWCA 7478

[2016] FWCA 7478

FAIR WORK COMMISSION

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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