Marine & Civil Maintenance Pty Ltd T/A Marine and Civil Maintenance Pty Ltd

[2020] FWCA 6342

[2020] FWCA 6342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marine & Civil Maintenance Pty Ltd T/A Marine and Civil Maintenance Pty Ltd
(AG2020/3161)

MARINE & CIVIL MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 NOVEMBER 2020

Application for approval of the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Marine & Civil Maintenance Pty Ltd T/A Marine and Civil Maintenance Pty Ltd. The Agreement is a single 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] On 26 October 2020 the Construction, Forestry, Mining and Energy Union (CFMEU) contacted the Commission and requested that it be provided with documentation in relation to the Agreement. In accordance with its usual practice the Commission did so on 29 October 2020. On 17 November 2020, my Chambers emailed the CFMEU the undertakings provided by the Applicant seeking their comment. On 20 November 2020, the CFMEU advised that it had no comments it would like to make in respect of the application.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2020. The nominal expiry date of the Agreement is 24 November 2024.

COMMISSIONER

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Annexure A