Keolis Downer Hunter Pty Ltd

[2018] FWCA 6054

[2018] FWCA 6054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keolis Downer Hunter Pty Ltd
(AG2018/1300)

KEOLIS DOWNER NEWCASTLE FERRY, GENERAL PURPOSE HAND ENTERPRISE AGREEMENT 2018-2021

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the Keolis Downer Newcastle Ferry, General Purpose Hand Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Keolis Downer Newcastle Ferry, General Purpose Hand Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keolis Downer Hunter Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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 the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 September 2018 and, in accordance with s.54, will operate from 4 October 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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