Keolis Downer Hunter Pty Ltd

[2022] FWCA 4200

[2022] FWCA 4200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Keolis Downer Hunter Pty Ltd

(AG2022/4642)

Keolis Downer Newcastle Ferry Masters Enterprise Agreement 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 NOVEMBER 2022

Application for approval of the Keolis Downer Newcastle Ferry Masters Enterprise Agreement 2022

1. Keolis Downer Hunter Pty Ltd has made an application for approval of the Keolis Downer Newcastle Ferry Masters Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. Subject to these undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Maritime Officers' Union (AMOU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the AMOU.

1. The Agreement was approved on 30 November 2022 and, in accordance with s 54, will operate from 7 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE518362  PR748439>

Annexure A