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[12]
austlii:cth/FWCA/2025/3964
General information, not legal advice.
FWCA
2025-11-25
Original judgment source is linked above.
s.185 - Enterprise agreement
Aurizon Port Services Pty Ltd Trading AS Aurizon Port Services
AURIZON PORT SERVICES STEVEDORING ENTERPRISE AGREEMENT 2025
Application for approval of the Aurizon Port Services Stevedoring Enterprise Agreement 2025
[1] This decision deals with an application made for approval of an enterprise agreement known as the Aurizon Port Services Stevedoring Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aurizon Port Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Employer has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:
Clause 5 of the Agreement correcting the name of the Union to mean "Maritime Division of the Construction, Forestry and Maritime Employees Union..
The Employer has provided an updated copy of the Agreement which corrected this error. The views of bargaining representatives are supportive of these assertions and their history. I am satisfied that these issues each constitute an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.
[3] On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 23.2 - Annual Leave expressed in hours rather than weeks.
However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Maritime Union of Australia (MUA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MUA.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act from 2 December 2025. The nominal expiry date of the Agreement is 24 November 2029.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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