ANS Southern Pty Ltd

[2015] FWCA 4734

[2015] FWCA 4734

FAIR WORK COMMISSION

DECISION

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

ANS Southern Pty Ltd
(AG2015/3600)

ANS SOUTHERN PTY LTD ENTERPRISE AGREEMENT 2015

Stevedoring industry
COMMISSIONER HAMPTON	ADELAIDE, 13 JULY 2015

Application for approval of the ANS Southern Pty Ltd Enterprise Agreement 2015.

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

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 17 June 2015.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement does not contain a consultation term which meets the requirements of s.205(1)(a)(ii) of the Act in that it does not address changes in to employees’ regular roster or ordinary hours of work. Accordingly, pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement.

[5] The Maritime Union of Australia, 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2015. The nominal expiry date of the Agreement is 19 May 2018.

COMMISSIONER

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