Pilbara Ports Authority

[2021] FWCA 5606

[2021] FWCA 5606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Ports Authority
(AG2021/6900)

THE PILBARA PORTS AUTHORITY - PORT OF PORT HEDLAND GENERAL STAFF AGREEMENT 2021

Port authorities
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the Pilbara Ports Authority - Port of Port Hedland General Staff Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Ports Authority - Port of Port Hedland General Staff Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilbara Ports Authority. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Construction, Forestry, Maritime, Mining and Energy Union and the Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

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