Newcastle Port Corporation Trading AS Port Authority Of Nsw

PORT AUTHORITY OF NEW SOUTH WALES ENTERPRISE AGREEMENT 2024-2027

Application for approval of the Port Authority of New South Wales Enterprise Agreement 2024 - 2027

[1] An application has been made for approval of an enterprise agreement to be known as the Port Authority of New South Wales Enterprise Agreement 2024 - 2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Newcastle Port Corporation Trading AS Port Authority Of NSW (Employer). The Agreement is a single enterprise agreement.

[2] There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer provided on 1 July 2025, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[3] The Applicant and the employee bargaining representatives identified typographical and/or cross-referencing errors at clauses 7.10, 13.2.5, 13.3.4, and 27 of the Agreement during the access period, and prior to employees voting to approve the Agreement. These typographical and/or cross-referencing amendments (corrections) were made to the Agreement (yet to be voted upon by employees) during the access period. The Applicant's correspondence to the Commission dated 1 July 2025 specifically sets out each of the amendments made to the Agreement to rectify such typographical and/or cross-referencing errors. Having regard to the submissions of the Employer provided on 1 July 2025, I find that the making of these amendments (made during the access period) constitute minor procedural errors. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding such procedural errors.[3] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. I further observe that if these same amendments had been sought after lodgement of the Agreement with the Commission, I would be satisfied that it would be appropriate to make these amendments (corrections) to the Agreement pursuant to s.586 of the Act.

[4] The Employer has provided written undertakings dated 22 July 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Port Authorities Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[5] The Construction, Forestry and Maritime Employees Union - The Maritime Union of Australia Division (MUA), and Australian Maritime Officers' Union (AMOU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

[7] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2025. The nominal expiry date of the Agreement is 30 June 2027.

ANNEXURE A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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