Bhagwan Marine Pty Ltd

[2016] FWCA 3480

[2016] FWCA 3480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bhagwan Marine Pty Ltd
(AG2016/539)

BHAGWAN MARINE PTY LTD INSHORE MARITIME ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER ROE	MELBOURNE, 30 MAY 2016

Application for approval of the Bhagwan Marine Pty Ltd Inshore Maritime Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bhagwan Marine Pty Ltd Inshore Maritime Enterprise Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] On 26 May 2016 I made a decision concerning a number of objections to the approval of the Agreement ([2016] FWC 3427). Consistent with that decision the employer provided revised undertakings and consulted with the bargaining representative about those undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 May 2016 and, in accordance with s.54, will operate from 6 June 2016. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

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ANNEXURE A