AMS Stevedoring Pty Ltd

[2015] FWCA 7896

[2015] FWCA 7896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AMS Stevedoring Pty Ltd
(AG2015/6070)

AMS STEVEDORING PTY LTD ENTERPRISE AGREEMENT 2015

Stevedoring industry
COMMISSIONER CAMBRIDGE	SYDNEY, 17 NOVEMBER 2015

Application for approval of the AMS Stevedoring Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AMS Stevedoring Pty Ltd Enterprise Agreement 2015(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AMS Stevedoring Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 6 November 2015. The application included a Statutory Declaration of Paul Heubner dated 6 November 2015, and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 22 October 2015. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made 1 day after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 17 November 2015. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and consultation terms at clauses 43, 44 and 45.

[6] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[7] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 24 November 2015. The nominal expiry date of the Agreement as specified in clause 4.2 of the Agreement, is 30 June 2018.

COMMISSIONER

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