Port Botany Operations Pty Ltd as trustee for Port Botany Unit Trust

Application for approval of the NSW Ports Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the NSW Ports Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Botany Operations Pty Ltd as trustee for Port Botany Unit Trust. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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

[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Port Authorities Award 2020 is taken to be a term of the Agreement.

[5] I note that the Agreement contains an NES precedence clause at cl.4.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

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