Application for approval of the DP World Australia National Vessel Planners Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the DP World Australia National Vessel Planners Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by DP World Australia Limited (Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) the views of the persons that the Commission knows is a bargaining representative for the agreement were sought. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[4] Clause 30 of the Agreement contains a workplace delegates' rights term. Following the making of the Agreement, the Full Court of the Federal Court of Australia (Court) published a decision relating to delegates' rights terms in modern awards in the matter of[ ]Construction, Forestry and Maritime Employees Union v Australian Industry Group.11 [2025] FCAFC 187. Since that decision and in response to the conclusions of the Court, a Full Bench of the Commission[2] has determined that all modern awards are to be varied to include a new delegates' rights clause. The Full Bench determined that the new delegates' rights clause in modern awards would operate on and from 1 July 2024. I am of the view that the delegates' rights term in the Agreement is less favourable than the term that now appears in modern awards as a result of the Full Bench decision.[3] In accordance with s.201(1A) of the Act, I note that the delegates' rights term that now appears in all modern awards[4] is included in the Agreement.

[5] Noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the terms of the Agreement and the NES.

[6] 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.

[7] 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 the date of approval.

[2] [2026] FWCFB 5.

[4] See [2026] FWCFB 5 at Attachment 3.

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