Engage Marine Pty Ltd

[2022] FWCA 841

[2022] FWCA 841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Engage Marine Pty Ltd

(AG2022/200)

Engage Marine Pty Ltd Abbot Point Towage Services Union Collective Agreement 2021

Marine tourism and charter vessels
COMMISSIONER SIMPSON	BRISBANE, 5 APRIL 2022

Application for approval of the Engage Marine Pty Ltd Abbot Point Towage Services Union Collective Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Engage Marine Pty Ltd Abbot Point Towage Services Union Collective Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Engage Marine Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a model flexibility term compliant with the Act. 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. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Institute of Marine and Power Engineers (AIMPE), the Australian Maritime Officers’ Union (AMOU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) all lodged a Form F18 statutory declaration giving 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.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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