Darwin Port Operations Pty Ltd
[2022] FWCA 4209
•30 NOVEMBER 2022
| [2022] FWCA 4209 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Darwin Port Operations Pty Ltd
(AG2022/4744)
Application by Darwin Port Operations Pty Ltd
| Port authorities | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 30 NOVEMBER 2022 |
Application for approval of the Darwin Port Operations Enterprise Agreement 2022
The Darwin Port Operations Pty Ltd has been made for approval of an enterprise agreement known as the Darwin Port Operations Enterprise Agreement 2022 (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.
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. The undertakings are taken to be a term of the agreement.
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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), Australian Maritime Officers’ Union (AMOU) and the Automotive, Food Metals, Engineering, Printing and Kindred Industries Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act they each want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2022. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
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Annexure A
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