DMS Maritime Pty Limited T/A Serco Defence

[2020] FWCA 5360

[2020] FWCA 5360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DMS Maritime Pty Limited T/A Serco Defence
(AG2020/2544)

DMS MARITIME ENTERPRISE AGREEMENT 2020

Maritime industry
COMMISSIONER WILSON	MELBOURNE, 9 OCTOBER 2020

Application for approval of the DMS Maritime Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the DMS Maritime Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DMS Maritime Pty Limited T/A Serco Defence. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Institute of Marine and Power Engineers, the Australian Maritime Officers Union and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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Annexure A