Port Botany Operations Pty Ltd as trustee for Port Botany Unit Trust

[2022] FWCA 2693

[2022] FWCA 2693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port Botany Operations Pty Ltd as trustee for Port Botany Unit Trust

(AG2022/2116)

NSW PORTS ENTERPRISE AGREEMENT 2022

Port authorities
COMMISSIONER P RYAN	SYDNEY, 9 AUGUST 2022

Application for approval of the NSW Ports Enterprise Agreement 2022

1. Port Botany Operations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the NSW Port Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

1. The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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