Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation

[2017] FWCA 6252

[2017] FWCA 6252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation
(AG2017/4271)

GLADSTONE PORTS CORPORATION ENTERPRISE AGREEMENT 2016

Port authorities
DEPUTY PRESIDENT KOVACIC	CANBERRA, 27 NOVEMBER 2017

Application for approval of the Gladstone Ports Corporation Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gladstone Ports Corporation 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 Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Australian Municipal, Administrative, Clerical and Services Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Construction, Forestry, Mining and Energy Union, The Australian Workers’ 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2017. The nominal expiry date of the Agreement is 31 October 2020.

Printed by authority of the Commonwealth Government Printer

<Price code O, AE426241  PR598098>

Annexure A