Australian Marshalling Services Pty Ltd Summary

[2016] FWCA 1171

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Australian Marshalling Services Pty Ltd
(AG2016/94)
AUSTRALIAN MARSHALLING SERVICES ENTERPRISE
BARGAINING AGREEMENT 2015
Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 24 FEBRUARY 2016

Application for approval of the Australian Marshalling Services Enterprise Bargaining

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Australian Marshalling Services Enterprise Bargaining 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 Australian Marshalling Services Pty Ltd. The Agreement is a single enterprise

agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] 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.

[4] The Construction, Forestry, 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) I note that the Agreement covers the

organisation.
[2016] FWCA 1171

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

2 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Australian Marshalling Services Pty Ltd applied for approval of an enterprise agreement under section 185 of the Fair Work Act 2009. The Australian Marshalling Services Enterprise Bargaining Agreement 2015 (the Agreement) was the subject of the application. The Construction, Forestry, Mining and Energy Union, a bargaining representative for the Agreement, has also given notice under section 183 of the Act that it wants the Agreement to cover it.

The legal issues that the court needed to decide were whether the requirements of sections 186, 187, and 188 of the Act, as relevant to this application for approval, had been met. Additionally, the court had to determine if the model consultation term prescribed by the Fair Work Regulations 2009 is a term of the Agreement, and whether the Agreement covers the Construction, Forestry, Mining and Energy Union.

The court found that all requirements of sections 186, 187, and 188 of the Act, as relevant to this application for approval, had been met. The model consultation term prescribed by the Fair Work Regulations 2009 was deemed to be a term of the Agreement. Moreover, the Agreement covers the Construction, Forestry, Mining and Energy Union as per section 201(2) of the Act. Therefore, the court approved the Agreement, which will operate from 2 March 2016, with a nominal expiry date of 31 December 2018.

In accordance with section 54 of the Act, the Australian Marshalling Services Enterprise Bargaining Agreement 2015 is approved and will operate from 2 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

Australian Marshalling Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established