Dsl Marine Holdings Pty Ltd T/A Dsl Marine Holdings Pty Ltd

[2023] FWCA 839

[2023] FWCA 839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dsl Marine Holdings Pty Ltd T/A Dsl Marine Holdings Pty Ltd

(AG2023/255)

DSL MARINE HOLDINGS MARINE AND SHORE CREW ENTERPRISE AGREEMENT 2023

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 MARCH 2023

Application for approval of the DSL Marine Holdings Marine and Shore Crew Enterprise Agreement 2023

1. An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the DSL Marine Holdings Marine and Shore Crew Enterprise Agreement 2023 (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. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 11.9 - Notice of termination;

·           Clause 12.4 – Redundancy; and

·           Clause 23.3 - Withholding of NES entitlements.

However, noting clause 8.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2023. The nominal expiry date of the Agreement is 20 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519519  PR760426>

Annexure A