ANS Southern Pty Ltd

Case

[2023] FWCA 1566

31 MAY 2023


[2023] FWCA 1566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ANS Southern Pty Ltd

(AG2023/1413)

ANS SOUTHERN PTY LTD AND THE MARITIME UNION OF AUSTRALIA DIVISION OF THE CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION VICTORIA ENTERPRISE AGREEMENT 2022

Stevedoring industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 31 MAY 2023

Application for approval of the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry, Maritime, Mining and Energy Union Victoria Enterprise Agreement 2022

  1. ANS Southern Pty Ltd has made an application for approval of an enterprise agreement known as the ANS Southern Pty Ltd and the Maritime Union of Australia division of the Construction, Forestry, Maritime, Mining and Energy Union Victoria Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

  1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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 201(2), I note that the Agreement covers the CFMMEU.

  1. The Agreement was approved on 31 May 2023 and, in accordance with s 54, it will operate from 7 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE520189  PR762681>

Annexure A

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