Application for approval of the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] Section 205A(1) of the Act provides that an enterprise agreement must include a delegates' rights term for workplace delegates to whom the agreement applies. Section 205A(2) of the Act provides that if, when an enterprise agreement is approved, the delegates' rights term is less favourable than the delegates' rights term in one or more modern awards that cover the workplace delegates, that the term in the enterprise agreement has no effect and the most favourable term of those in the modern awards, as determined by the Commission, is taken to be a term of the enterprise agreement.

[3] Clause 11 of the Agreement is entitled "Rights and Responsibilities of Delegates." In correspondence sent to National Maritime Services Pty Ltd (Employer) from my Chambers at 3:13pm on Monday, 5 January 2026, the Employer was notified that I was concerned that clause 11 of the Agreement was less beneficial than the delegates' rights term contained in the Ports, Harbours and Enclosed Water Vessels Award 2020. The Employer was provided with an opportunity to make submissions in relation to this issue and accepted that the Award delegates' rights term would be taken to be a term of the Agreement. Accordingly, pursuant to section 205A(2)(b) of the Act, the delegates' rights term contained in the Ports, Harbours and Enclosed Water Vessels Award 2020 is taken to be a term of the Agreement and clause 11 of the Agreement is of no effect.

[4] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[6] Subject to the Undertakings, 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.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 January 2026. The nominal expiry date of the Agreement is 1 July 2029.

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