GeelongPort Pty Ltd
[2021] FWCA 529
•3 FEBRUARY 2021
| [2021] FWCA 529 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
GeelongPort Pty Ltd
(AG2020/4102)
GEELONGPORT ENTERPRISE AGREEMENT 2020
Port authorities | |
DEPUTY PRESIDENT MANSINI | MELBOURNE, 3 FEBRUARY 2021 |
Application for approval of the GeelongPort Enterprise Agreement 2020.
[1] GeelongPort Pty Ltd has applied for approval of a single enterprise agreement known as the GeelongPort Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.
[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.
[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.
[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.
[6] The Agreement was approved on 3 February 2021 and, in accordance with s.54, will operate from 10 February 2021. The nominal expiry date of the Agreement is 7 October 2023.
DEPUTY PRESIDENT
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Annexure A
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