Kalmar Equipment (Australia) Pty Ltd

[2019] FWCA 5233

[2019] FWCA 5233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Kalmar Equipment (Australia) Pty Ltd
(AG2019/1173)

KALMAR EQUIPMENT (AUSTRALIA) PTY LTD AND MARITIME UNION OF AUSTRALIA (MUA DIVISION OF THE CFMMEU) PORT BOTANY FACILITY ENTERPRISE AGREEMENT 2018

Stevedoring industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 JULY 2019

Application for variation of the Kalmar Equipment (Australia) Pty Ltd and Maritime Union of Australia (MUA division of the CFMMEU) Port Botany Facility Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Kalmar Equipment (Australia) Pty Ltd and Maritime Union of Australia (MUA division of the CFMMEU) Port Botany Facility Enterprise Agreement 2018 (the Agreement). The application was made by Kalmar Equipment (Australia) Pty Ltd (the Applicant) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation was not lodged within 14 days after it was made but rather, was lodged on the 15^th day. The Applicant provided an explanation for the delay. Having regard to those matters and in accordance with s.210(3)(b) of the Act, I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 8 March 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 29 July 2019.

DEPUTY PRESIDENT

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