Application for approval of the Darwin Port Marine Pilots Enterprise Agreement 2025-2029

[1] An application has been made for approval of an enterprise agreement known as the Darwin Port Marine Pilots Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Darwin Port Pilotage Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representative for the agreement were sought in relation to the undertaking. The bargaining representative approves of the proposed undertaking. 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.

[3] Having regard to the supporting material and the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

[4] Noting Clause 4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standard (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Maritime Officers Union (AMOU) 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 AMOU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 years from this date of approval.

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