Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture

[2019] FWCA 7549

[2019] FWCA 7549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture
(AG2019/3410)

MV RONJA HUON AND MV RONJA STORM MULTI-ENTERPRISE AGREEMENT 2019

Port authorities
COMMISSIONER LEE	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the MV Ronja Huon and MV Ronja Storm Multi-Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MV Ronja Huon and MV Ronja Storm Multi-Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture. The Agreement is a multi-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The “Australian Maritime Officers’ Union,” the “Australian Institute of Marine and Power Engineers,” and the “Construction, Forestry, Maritime, Mining and Energy Union” are bargaining representatives for the Agreement, and 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 7.3 – Full-Time employment;

•  Clause 26 – Leave; and

•  Clause 35.6 – Abandonment of employment.

[6] However, noting clause 2 of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2019. The nominal expiry date of the Agreement is 30 August 2023.

COMMISSIONER

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Annexure A