Australian Port Services (NSW) Pty Ltd T/A Ausport Marine

[2015] FWCA 5921

[2015] FWCA 5921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Port Services (NSW) Pty Ltd T/A Ausport Marine
(AG2015/3478)

AUSPORT MARINE - MARITIME UNION OF AUSTRALIA COLLECTIVE AGREEMENT 2014.

Maritime industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 AUGUST 2015

Application for approval of the Ausport Marine - Maritime Union of Australia Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ausport Marine - Maritime Union of Australia Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Port Services (NSW) Pty Ltd t/a Ausport Marine. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] 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.

[4] The agreement was not lodged within 14 calendar days of the date the agreement was made as required by s. 185(3)(a) of the Act. The company seeks an extension of the 14 day time period and submits that the employees will not be disadvantaged by the extension. The Union consents to the application for an extension. I accept the parties’ submissions and grant the extension under to s. 185(3)(b) of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2015. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

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