Curtis Island Services Pty Ltd

[2018] FWCA 7753

[2018] FWCA 7753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Curtis Island Services Pty Ltd
(AG2018/3408)

CURTIS ISLAND SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Port authorities
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Curtis Island Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Curtis Island Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Curtis Island Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 29.7 - Notice of termination by an employee;

•  Clause 29.2 - Notice of termination of a probationary employee;

•  Clause 30.3 – Redundancy.

However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer has provided written 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.

[4] 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.

[5] 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.

[6] 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.

[7] The Construction, Forestry, Maritime, Mining and Energy Union, the Australian Institute of Marine and Power Engineers and the Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 2 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501167  PR703378>

Annexure A