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[15]
austlii:cth/FWCA/2025/4448
General information, not legal advice.
FWCA
2025-12-24
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
SYDNEY HARBOUR STEVEDORES PTY LTD AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2024
Application for approval of the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2024
[1] Sydney Harbour Stevedores Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
[2] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
Variation of the Agreement to correct or amend obvious errors
[3] The Commission identified a typographical error in clause 18.4 of the Agreement as it appeared to be incomplete. The Employer requested that the Commission vary the Agreement to correct or amend these errors pursuant to s.218A of the Act. The application was as follows:
(a) "There is a typo in relation to Cl. 18.4. The following words should appear after the words 'as follows':
Supplementary employees who work more than 8 hours will be paid overtime in accordance with the formula contained in Cl. 18.2 above"
[4] The bargaining representatives have not objected to the Agreement being varied in the terms sought by the Employer. In the circumstances, I am satisfied that the proposed variations are in relation to obvious errors and accordingly I vary the Agreement in the terms sought by the Employer.
[5] 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.
[6] The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees' Union (MUA) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the MUA.
[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 December 2025. The nominal expiry date of the Agreement is 1 September 2026.
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