Flinders Logistics Pty Ltd

[2018] FWCA 6797

[2018] FWCA 6797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Logistics Pty Ltd
(AG2018/3658)

FLINDERS LOGISTICS PORT PIRIE OPERATIONS AGREEMENT 2017 - 2020

Stevedoring industry
COMMISSIONER PLATT	ADELAIDE, 5 NOVEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Flinders Logistics Port Pirie Operations Enterprise Agreement 2017-2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Flinders Logistics Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 24 October 2018.

[3] The Agreement was not lodged within 14 days after it was made on the basis of the information provided I consider it fair to extend the time for making this application to 9 August 2018 pursuant to s.185(3)(b) of the Act.

[4] On 31 October 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[5] The Applicant has submitted an undertaking in the required form dated 1 November 2018. The undertaking deals with the following topics:

•  For the purposes of 1.34.1, where an Operational Permanent Employee takes annual leave of less than 7 hours duration, the actual number of hours of leave taken will be deducted from the employee’s leave balance. Where an employee takes on full day’s leave, only 7 hours leave will be deducted for each day of leave taken; and

•  For the purposes of defining a “shift worker”, particularly with respect to clause 1.36.1 of the Agreement, the meaning of “shift worker” is derived from the definition contained in the National Employment Standards.

[6] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[7] 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.

[8] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[9] The “Construction, Forestry, Maritime, Mining and Energy Union - The Maritime Union of Australia Division” (MUA), 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.

[10] 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.

[11] 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 30 June 2020.

COMMISSIONER

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