Flinders Ports Pty Ltd, Flinders Port Management Services Pty Ltd
[2023] FWCA 144
•18 JANUARY 2023
| [2023] FWCA 144 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Flinders Ports Pty Ltd, Flinders Port Management Services Pty Ltd
(AG2022/5283)
FLINDERS PORTS AND FLINDERS PORT MANAGEMENT SERVICES ENTERPRISE AGREEMENT, 2022-2026
| Port authorities | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 18 JANUARY 2023 |
Application for approval of the Flinders Ports and Flinders Port Management Services Enterprise Agreement, 2022-2026.
An application has been made for approval of an enterprise agreement known as the Flinders Ports and Flinders Port Management Services Enterprise Agreement, 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flinders Ports Pty Ltd and Flinders Port Management Services Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
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.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7.1.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Maritime Officers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2023. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
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Annexure A
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