Newcastle Port Corporation Trading AS Port Authority Of Nsw

[2025] FWCA 1975

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 Nsw

(AG2025/1635)

Maritime industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 13 JUNE 2025

Application for approval of the Port Authority of New South Wales Marine Pilots Agreement -– Newcastle 2024–2028.

An application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales Marine Pilots Agreement – Newcastle 2024 – 2028 (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 NSW (the Applicant). The Agreement is a single enterprise agreement.

The material filed in support of the application disclosed a minor discrepancy between the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) and the title in the Agreement. Having regard to the submissions of the Applicant I am satisfied that this is a minor technical error and that the employees were not likely to have been disadvantaged by the error. Accordingly, I propose to disregard the error under s.188(5) of the Act.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

The Australian Maritime Officers Union (AMOU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 24 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Newcastle Port Corporation trading as the Port Authority of New South Wales for the approval of a single enterprise agreement, the Port Authority of New South Wales Marine Pilots Agreement – Newcastle 2024-2028. The application was made under section 185 of the Fair Work Act 2009. The Australian Maritime Officers Union (AMOU) also lodged a notice under section 183 of the Act to have the Agreement cover its members.

The court had to decide if the proposed agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act. This included determining if the agreement was fairly and properly made, if it was certified by the Commission, and if the relevant requirements for approval were met. Additionally, the court needed to address a minor discrepancy in the title of the agreement as presented in the Notice of Employee Representational Rights (NERR) and the title in the actual agreement.

The Deputy President of the Fair Work Commission, Roberts, found that the minor discrepancy between the title of the proposed agreement in the NERR and the title in the actual agreement was a technical error and not likely to disadvantage the employees. Under section 188(5) of the Act, the Deputy President decided to disregard this error. The court was satisfied that all the requirements of the relevant sections of the Act had been met. Given the AMOU's statutory declaration, the Agreement was approved and would cover the union's members, with the nominal expiry date being 24 March 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established