Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports

[2018] FWCA 7672

[2018] FWCA 7672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland Ports Committee of Management Incorporated T/A Gippsland Ports
(AG2018/5824)

GIPPSLAND PORTS ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Gippsland Ports Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Ports Enterprise Agreement 2016 (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 observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 15.5 – Abandonment of employment;

•  Clause 30.1 – Annual leave; and

•  Clause 13.3 – Should an employee not properly be classified as a casual employee.

However, noting clause 1.6 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.

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

[4] The Australian Maritime Officers’ Union, the Construction, Forestry, Maritime, Mining and Energy Union, The Australian Institute of Marine and Power Engineers, and The Association of Professional Engineers, Scientists and Managers, Australia 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 of the Act, will operate from 26 December 2018. The nominal expiry date of the Agreement is 10 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501119  PR703258>