AMS Stevedoring Pty Ltd T/A AMS Stevedoring

[2019] FWCA 2171

[2019] FWCA 2171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMS Stevedoring Pty Ltd T/A AMS Stevedoring
(AG2018/3828)

AMS STEVEDORING PTY LTD ENTRERPRISE AGREEMENT 2018

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 APRIL 2019

Application for approval of the AMS Stevedoring Pty Ltd Entrerprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AMS Stevedoring Pty Ltd Entrerprise Agreement 2018 (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 T/A AMS Stevedoring. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement lodged contained an error at Clause 24. On 27 March 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 2 April 2019 and, in accordance with s.54, will operate from 9 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A