Flinders Adelaide Container Terminal Pty Ltd

[2019] FWCA 4105

[2019] FWCA 4105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Adelaide Container Terminal Pty Ltd
(AG2019/1760)

FLINDERS ADELAIDE CONTAINER TERMINAL SUPERVISORS ENTERPRISE AGREEMENT 2018-2022

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JUNE 2019

Application for approval of the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Adelaide Container Terminal Supervisors Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flinders Adelaide Container Terminal Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I note that Clause 35.4 is inconsistent with the National Employment Standards as it provides a lesser redundancy entitlement for employees with 1-2 years of service. Given the National Employment Standards precedence clause at clause 25 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

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