Dampier Port Authority

[2013] FWCA 8764

[2013] FWCA 8764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dampier Port Authority
(AG2013/11205)

DAMPIER PORT AUTHORITY VESSEL TRAFFIC SERVICES ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER CLOGHAN	PERTH, 12 NOVEMBER 2013

Application for approval of the Dampier Port Authority Vessel Traffic Services Enterprise Agreement 2013.

[1] On 5 November 2013, Dampier Port Authority made application for approval of a single enterprise agreement to be known as the Dampier Port Authority Vessel Traffic Services Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 25 October 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Maritime Officers Union (AMOU) has declared that the AMOU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMOU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 19 November 2013.

[7] The nominal expiry date of this Agreement is 1 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE405229  PR544269>