Bhagwan Marine Pty Ltd
[2023] FWCA 868
•22 MARCH 2023
| [2023] FWCA 868 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bhagwan Marine Pty Ltd
(AG2023/314)
APPLICATION FOR APPROVAL OF THE BHAGWAN MARINE & MUA WA INSHORE DIVING ENTERPRISE AGREEMENT 2022
| Diving services | |
| COMMISSIONER SIMPSON | BRISBANE, 22 MARCH 2023 |
Application for approval of the Bhagwan Marine & MUA WA Inshore Diving Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Bhagwan Marine & MUA WA Inshore Diving Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bhagwan Marine Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement does not contain a model flexibility term compliant with the Act. 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
The Maritime Union of Australia A Division of Construction Forestry Maritime Mining and Energy Union (MUA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the MUA.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER SIMPSON
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