DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Port of Newcastle Operations Pty Limited
(AG2016/5591)

PORT OF NEWCASTLE ENTERPRISE AGREEMENT 2016-2019

Port authorities
COMMISSIONER SAUNDERS	NEWCASTLE, 20 SEPTEMBER 2016

Application for approval of the Port of Newcastle Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Port of Newcastle Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port of Newcastle Operations Pty Limited. 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] The Australian Maritime Officers Union, the Australian Institute of Marine and Power Engineers, the Association of Professional Engineers, Scientists and Managers, Australia, known as Professionals Australia, and the Maritime Union of Australia, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Port of Newcastle Operations Pty Limited applied for approval of the Port of Newcastle Enterprise Agreement 2016-2019. The Fair Work Commission was asked to consider whether the agreement met the requirements of the Fair Work Act 2009, particularly sections 234 and 235, which pertain to the approval of enterprise agreements. The application was brought in response to concerns raised by certain employees and other stakeholders about the terms of the proposed agreement.

The central legal issues revolved around whether the agreement had been genuinely negotiated between the parties, whether it complied with the procedural requirements for an enterprise agreement, and whether it met the "better off overall test" under the Fair Work Act. The commission had to determine whether the agreement was made in good faith and whether it provided for a fair and equitable resolution of the terms and conditions of employment.

The Fair Work Commission carefully examined the evidence presented and concluded that the agreement had indeed been genuinely negotiated between the parties. The commission found that the process adhered to the necessary procedural requirements and that the agreement met the better off overall test. The commission was satisfied that the agreement provided fair and equitable terms and conditions for the employees, considering the overall benefits and detriments. The application was approved, and the enterprise agreement was registered under the Fair Work Act.

The final orders included the approval and registration of the Port of Newcastle Enterprise Agreement 2016-2019, ensuring that the terms of the agreement would govern the employment conditions of the relevant employees for the specified period. The decision underscored the importance of genuine negotiation and compliance with statutory requirements in the formation of enterprise agreements.

Port of Newcastle Operations Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established