Daltug Pty Ltd T/A Daltug

Case

[2022] FWCA 1790

3 JUNE 2022


[2022] FWCA 1790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Daltug Pty Ltd T/A Daltug

(AG2022/1166)

Daltug Pty Ltd enterprise agreement

Maritime industry

DEPUTY PRESIDENT ASBURY

BRISBANE, 3 JUNE 2022

Application for approval of the Enterprise Agreement between Daltug Pty Ltd and the Employees of Daltug Pty Ltd for Towage Operations Based in the Port of Hay Point

  1. Daltug Pty Ltd T/A Daltug (the Applicant / Employer) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Daltug Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer declarations in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the Applicant, however, considering s.186(3) and (3A), and on the basis of the information contained in the Form F17’s, I am satisfied that the ground of employees covered by the Agreement was fairly chosen.

  1. The Australian Maritime Officers Union, the Construction Forestry Maritime Mining and Energy Union and the Australian Institute of Marine and Power Engineers (collectively known as the Organisations) 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) of the Act, I note that the Agreement covers these Organisations.

  1. The Agreement is approved in accordance with s.54 of the Act and will operate from 10 June 2022. The nominal expiry date of the Agreement is 10 June 2026.


DEPUTY PRESIDENT

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