austlii:cth/FWCA/2025/1456
General information, not legal advice.
FWCA
2025-05-01
Original judgment source is linked above.
s.185 - Enterprise agreement
Southern Port Authority Trading AS Southern Ports
SOUTHERN PORTS - ESPERANCE SHIFT SUPERINTENDENTS ENTERPRISE AGREEMENT 2024
Application for approval of the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2024
[1] Southern Port Authority (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Southern Ports - Esperance Shift Superintendents Enterprise Agreement 2024 (the Agreement).
[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] Clause 4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency. Pursuant to section 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.
[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 May 2025. The nominal expiry date of the Agreement is 1 January 2028.

Printed by authority of the Commonwealth Government Printer