Flinders TBSH Pty Ltd

[2019] FWCA 6623

[2019] FWCA 6623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders TBSH Pty Ltd
(AG2019/3014)

TOWNSVILLE BULK STORAGE & HANDLING (TBSH) STEVEDORING ENTERPRISE AGREEMENT 2018-2021

Stevedoring industry
COMMISSIONER PLATT	ADELAIDE, 23 SEPTEMBER 2019

Application for approval of the Townsville Bulk Storage & Handling (TBSH) Stevedoring Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Townsville Bulk Storage & Handling (TBSH) Stevedoring Enterprise Agreement 2018-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Flinders TBSH Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 August 2019. CEPU

[3] On 19 September 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 23 September 2019. The undertaking deals with the following topics:

•  The Agreement’s date of commencement is taken to be 7 days after the date of approval.

•  The Model Consultation Clause shall replace clause 30 of the Agreement.

•  Reference to ‘salaried employees’ in clauses 20.1 and 21 is taken to mean ‘permanent employees’.

•  The Applicant provides that grade 6 employees, who are required to undertake duties within the B.7 classification of the Award, shall receive a shift allowance of $135.00 in addition to their grade 6 hourly rates.

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

[6] 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.

[7] The Construction, Forestry, Maritime, Mining and Energy Union (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.

[8] 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.

[9] 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 1 November 2021.

COMMISSIONER

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