austlii:cth/FWCA/2026/715
General information, not legal advice.
FWCA
2026-03-20
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
NEWCASTLE STEVEDORES BULK AND GENERAL ENTERPRISE AGREEMENT 2025
Application for approval of the Newcastle Stevedores Bulk and General Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Newcastle Stevedores Bulk and General Enterprise Agreement 2025 (Agreement). The Application was made by Newcastle Stevedores Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
[3] Noting clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the CFMEU.
[5] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 November 2028.

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