Flinders Adelaide Container Terminal Pty Ltd

[2019] FWCA 4246

[2019] FWCA 4246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Adelaide Container Terminal Pty Ltd
(AG2019/1761)

FLINDERS PORTS MARINE PILOTS AGREEMENT 2018-2020

Port authorities
COMMISSIONER PLATT	ADELAIDE, 18 JUNE 2019

Application for approval of the Flinders Ports Marine Pilots Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Ports Marine Pilots Agreement 2018-2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Flinders Adelaide Container Terminal Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 June 2019.

[3] On 14 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 14 June 2019. The undertaking deals with the following topics:

•  The Applicant undertakes that clause 2.1 is to apply to the event of any dispute in relation to the National Employment Standards (NES).

•  Despite clause 3.1 of the Agreement, employees will be entitled to a minimum of five week’s annual leave.

•  For the purposes of clause 6.9, notice of termination will be paid in accordance with the NES.

•  The Applicant undertakes not to employ any apprentices for the duration of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “The Australian Maritime Officers’ Union (AMOU)”, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 March 2020.

COMMISSIONER

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