Hay Point Services Pty Ltd

[2020] FWCA 5350

[2020] FWCA 5350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hay Point Services Pty Ltd
(AG2020/2836)

HAY POINT SERVICES PTY LTD ENTERPRISE AGREEMENT 2020

Coal export terminals
COMMISSIONER YILMAZ	MELBOURNE, 7 OCTOBER 2020

Application for approval of the Hay Point Services Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hay Point Services Pty Ltd 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 Hay Point Services Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 14 October 2020. The nominal expiry date of the Agreement is 6 October 2023.

COMMISSIONER

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