s.185 - Application for approval of a single-enterprise agreement

Newcastle Port Corporation Trading AS Port Authority Of Nsw

PORT AUTHORITY OF NEW SOUTH WALES MARINE PILOTS AGREEMENT - NEWCASTLE 2024 - 2028

Application for approval of the Port Authority of New South Wales Marine Pilots Agreement -- Newcastle 2024-2028.

[1] n application has been made for approval of an enterprise agreement known as the Port Authority of New South Wales Marine Pilots Agreement - Newcastle 2024 - 2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Newcastle Port Corporation trading as Port Authority of NSW (the Applicant). The Agreement is a single enterprise agreement.

[2] The material filed in support of the application disclosed a minor discrepancy between the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) and the title in the Agreement. Having regard to the submissions of the Applicant I am satisfied that this is a minor technical error and that the employees were not likely to have been disadvantaged by the error. Accordingly, I propose to disregard the error under s.188(5) of the Act.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

[4] 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 AMU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 24 March 2028. 

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