Flinders Logistics Pty Ltd T/A Flinders Logistics
[2020] FWCA 3596
•9 JULY 2020
| [2020] FWCA 3596 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Flinders Logistics Pty Ltd T/A Flinders Logistics
(AG2020/1808)
FLINDERS LOGISTICS PORT ADELAIDE OPERATIONS ENTERPRISE AGREEMENT, 2019-2022
Stevedoring industry | |
COMMISSIONER PLATT | ADELAIDE, 9 JULY 2020 |
Application for approval of the Flinders Logistics Port Adelaide Operations Enterprise Agreement, 2019-2022.
[1] An application has been made for approval of an enterprise agreement known as the Flinders Logistics Port Adelaide Operations Enterprise Agreement, 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Flinders Logistics Pty Ltd T/A Flinders Logistics (the Applicant). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 9 July 2020 and is determined on the papers.
[3] It is noted that the Clause 4.1, regarding notice of termination by the Company, does not apply to apprentices and is inconsistent s.123(1)(d) of the Act. However, as a result of the National Employment Standards (NES) precedence clause contained in clause 10 the Agreement, apprentices will be entitled to notice of termination under the NES, and I am of the view that the requirements of s.55 of the Act (in this regard) has been met.
[4] The Construction, Forestry, Maritime, Mining and Energy Union, 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.
[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 March 2022.
COMMISSIONER
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