DP World Melbourne Limited T/A DP World Australia

Case •

[2024] FWCA 2697

•

22 JULY 2024
[2024] FWCA 2697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

DP World Melbourne Limited T/A DP World Australia

(AG2024/2483)

DP WORLD SUPERVISOR, YARD PLANNER AND PRODUCTION COORDINATOR ENTERPRISE AGREEMENT 2024

Stevedoring industry

DEPUTY PRESIDENT CROSS

SYDNEY, 22 JULY 2024

Application for approval of the DP World Supervisor, Yard Planner and Production Coordinator Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the DP World Supervisor, Yard Planner and Production Coordinator Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DP World Melbourne Limited T/A DP World Australia. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. I note that the Agreement contains an NES precedence clause at cl.4.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

  1. The Australian Maritime Officer Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2024. The nominal expiry date of the Agreement is 4 years after the date of approval being 22 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525521  PR777213>

Annexure A

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