Darwin Port Operations Pty Limited

[2019] FWCA 1777

[2019] FWCA 1777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darwin Port Operations Pty Limited
(AG2018/6518)

DARWIN PORT OPERATIONS ENTERPRISE AGREEMENT 2018

Port authorities
COMMISSIONER PLATT	ADELAIDE, 19 MARCH 2019

Application for approval of the Darwin Port Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Darwin Port Operations Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Darwin Port Operations Pty Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 February 2019.

[3] On 21 February 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 25 February 2019. The undertaking deals with the following:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)”, “The Australian Maritime Officers’ Union (AMOU)” and ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)” 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.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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