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

[2025] FWCA 2735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2025/2392)

NSW PORTS ENTERPRISE AGREEMENT 2025

Port authorities
DEPUTY PRESIDENT CROSS	SYDNEY, 15 AUGUST 2025

Application for approval of the NSW Ports Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the NSW Ports Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Botany Operations Pty Ltd as trustee for Port Botany Unit Trust. The Agreement is a single enterprise agreement.

The Employer has 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.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Port Authorities Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.4.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Port Botany Operations Pty Ltd as trustee for the Port Botany Unit Trust applied for approval of the New South Wales Ports Enterprise Agreement 2025. The application arose from negotiations between the employer and the Maritime Union of Australia, which had been unsuccessful, necessitating the intervention of the Commission to approve the proposed agreement. The agreement aimed to regulate the terms and conditions of employment for certain employees within the New South Wales Ports system.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were fair and reasonable, and if it had been genuinely negotiated between the parties. The Commission also considered whether the agreement met the criteria for being a single, integrated agreement, and if it complied with the relevant provisions of the Act.

The Fair Work Commission examined the proposed agreement in detail, considering the submissions from both the employer and the union. The Commission noted that the agreement contained provisions for a range of employment terms, including wages, hours of work, leave, and dispute resolution mechanisms. The Commission found that the agreement had been genuinely negotiated and provided for terms and conditions that were fair and reasonable. Additionally, the agreement was determined to be a single, integrated agreement, and complied with the relevant provisions of the Fair Work Act. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission's decision to approve the New South Wales Ports Enterprise Agreement 2025 was made under section 231 of the Fair Work Act 2009. The Commission found that the agreement met the statutory requirements for approval and was in the best interests of the employees and the employer. The approved agreement will now regulate the terms and conditions of employment for certain employees within the New South Wales Ports system.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established