Newcastle Stevedores Pty Ltd

[2025] FWCA 468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Newcastle Stevedores Pty Ltd

(AG2025/183)

NEWCASTLE STEVEDORES BULK AND GENERAL ENTERPRISE AGREEMENT 2024

Stevedoring industry
COMMISSIONER CRAWFORD	SYDNEY, 6 FEBRUARY 2025

Application for approval of the Newcastle Stevedores Bulk and General Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Newcastle Stevedores Bulk and General Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Newcastle Stevedores Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the CFMEU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Newcastle Stevedores Pty Ltd and its employees represented by the Maritime Union of Australia. The core of the dispute centred on the approval of the Newcastle Stevedores Bulk and General Enterprise Agreement 2024, which the parties had negotiated. The issue required the determination of whether the agreement met the legal standards for approval, including compliance with the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was genuinely bargained for, whether it contained the necessary minimum terms and conditions, and whether the process of negotiation and agreement formation adhered to the procedural fairness requirements. The Commission also needed to consider whether the proposed terms of the agreement would have a detrimental effect on the employees or the industry.

The Fair Work Commission found that the agreement was genuinely bargained for, as evidenced by the extensive negotiation process and the involvement of representatives from both parties. The Commission noted that the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the Commission was satisfied that the negotiation process was conducted in a procedurally fair manner, with both parties having an opportunity to present their views. The Commission concluded that the proposed terms would not have an adverse effect on the employees or the industry, and thus approved the enterprise agreement.

Consequently, the Fair Work Commission approved the Newcastle Stevedores Bulk and General Enterprise Agreement 2024, effective from the date of the decision. The agreement now serves as the basis for the terms and conditions of employment between Newcastle Stevedores Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established