Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports

[2021] FWCA 3597

[2021] FWCA 3597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports
(AG2021/5453)

GIPPSLAND PORTS ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER YILMAZ	MELBOURNE, 23 JUNE 2021

Application for approval of the Gippsland Ports Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Ports Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] I observe that clause 15.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Institute of Marine and Power Engineers, the Australian Maritime Officers Union, The Association of Professional Engineers Australia and The Maritime Union of Australia Division of 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 the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 30 June 2021. The nominal expiry date of the Agreement is 10 October 2023.

COMMISSIONER

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