1 Port Pty Ltd t/a 1 Port

[2021] FWCA 285

[2021] FWCA 285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

1 Port Pty Ltd t/a 1 Port
(AG2020/3903)

1PORT AND MUA ENTERPRISE AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 JANUARY 2021

Application for approval of the 1Port and MUA Enterprise Agreement 2020.

[1] 1 Port has applied for approval of a single enterprise agreement known as the 1Port and MUA Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative supported the Undertaking. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 22 January 2021, and, in accordance with s.54, will operate from 29 January 2021. The nominal expiry date of the Agreement is 29 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510147  PR726312>

ANNEXURE A