Southern Port Authority Trading AS Southern Ports

[2025] FWCA 691

[2025] FWCA 691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Port Authority Trading AS Southern Ports

(AG2025/249)

SOUTHERN PORTS AUTHORITY ALBANY MARINE PILOTS ENTERPRISE AGREEMENT 2024

Port authorities
COMMISSIONER SCHNEIDER	PERTH, 24 FEBRUARY 2025

Application for approval of the Southern Ports Authority Albany Marine Pilots Enterprise Agreement 2024

1. Southern Port Authority T/A Southern Ports (the Applicant) has made an application for the approval of an enterprise agreement known as the Southern Ports Authority Albany Marine Pilots Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. Clause 3 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

1. The Commission noted with the parties that there appeared to be drafting errors present in the copy of the Agreement filed for approval. The Applicant has confirmed these are errors and has filed an amended copy of the Agreement correcting such errors.

1. Under section 218A(2)(a) of the Act, the Commission can, on its own initiative, exercise its power to “vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)”. I am satisfied that the following are amendments to obvious errors, defects, or irregularities and will be varied, effective 3 March 2025:

·   Clause 5.1(b) – amended to refer to correct Agreement Name.

·   Clause 26.7 – amended to reference correct clause/s.

·   Clause 34.9(i) – amended to reference correct clause.

·   Clause 23.4a & 23.4(b) – reference to part-time and casual employees have been removed in the amended Agreement.

·   Clause 23.6 – reference to casual employees has been removed in the amended Agreement.

·   Clause 40.11 (a) – has been amended to only include full-time employees.

·   Clause 40.11(b) – removed reference to casual employees.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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