Fremantle Ports

[2013] FWCA 688

[2013] FWCA 688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fremantle Ports
(AG2013/4626)

FREMANTLE PORTS BULK & GENERAL STEVEDORING ENTERPRISE AGREEMENT 2012

Stevedoring industry
COMMISSIONER CLOGHAN	PERTH, 6 FEBRUARY 2013

Application for approval of the Fremantle Ports Bulk & General Stevedoring Enterprise Agreement 2012.

[1] On 23 January 2013, Fremantle Ports made application for approval of a single enterprise agreement to be known as the Fremantle Ports Bulk & General Stevedoring Enterprise Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 9 January 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has given an undertaking that in Clause 26: Introduction of Change, employees are able to appoint a representative of their choice to participate in consultative processes affecting them and that any such representative so nominated will be entitled to participate in the consultative processes in a manner consistent with the participation rights of the Maritime Union of Australia as outlined in that clause.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 13 February 2013.

[8] The nominal expiry date of this Agreement is 29 May 2016.

COMMISSIONER

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