Harbour City Ferries Pty Limited T/A Harbour City Ferries

[2019] FWCA 1498

[2019] FWCA 1498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbour City Ferries Pty Limited T/A Harbour City Ferries
(AG2018/6654)

HARBOUR CITY FERRIES OUTER HARBOUR ENGINEERS' AGREEMENT 2018

Port authorities
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 MARCH 2019

Application for approval of the Harbour City Ferries Outer Harbour Engineers' Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Harbour City Ferries Outer Harbour Engineers’ Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harbour City Ferries Pty Limited T/A Harbour City Ferries. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to 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.

[6] The Construction, Forestry, Maritime, Mining and Energy Union and Australian Institute of Marine and Power Engineers 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

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Annexure A