Flinders Logistics Pty Ltd

[2019] FWCA 5317

[2019] FWCA 5317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Flinders Logistics Pty Ltd
(AG2019/1204)

FLINDERS LOGISTICS PORT PIRIE OPERATIONS AGREEMENT 2017 - 2020

Stevedoring industry
COMMISSIONER HAMPTON	ADELAIDE, 31 JULY 2019

Application for variation of the Flinders Logistics Port Pirie Operations Agreement 2017 - 2020.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Flinders Logistics Port Pirie Operations Agreement 2017 - 2020 (the Agreement). The Agreement is a single enterprise agreement. This application was made by the employer, Flinders Logistics Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The application was lodged with the Commission on 12 April 2019 and followed an earlier matter before this arm of the Commission concerning the intended operation of the recently approved Agreement. The application was assigned to me on 19 July 2019 and a hearing was conducted with the parties today.

[3] The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union (MUA) is covered by the Agreement, supported the application and provided the required Form F23B.

[4] The variation to the Agreement was approved by a majority of employees and concerns final paragraph in clause 1.34.2 – Permanent Part Time – VSE & GWE. The varied paragraph reads:

“Once employees in this category exceed 1820 hours within the designated 52 week period, they will be paid an overtime rate for all additional hours worked, which is derived from clause 1.47.2 applicable Composite Rate at the relevant classification grade plus a 25% loading.”

[5] I have considered the application and accompanying declarations in support of the application and am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[6] The variation to the Agreement is approved and will operate on and from 12 April 2019. 1

[7] A consolidated version of the Agreement, as varied, is attached to this decision. I observe that the original Agreement contained both undertakings and an incorporated Model Provision which remain part of the Agreement as varied in accordance with this decision.

COMMISSIONER

 1   Section 216 of the Act permits a variation to operate from the date specified in the variation approval decision.

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