Maritime Container Services Pty Ltd T/A Maritime Container Services
[2023] FWCA 2099
•7 JULY 2023
| [2023] FWCA 2099 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Maritime Container Services Pty Ltd T/A Maritime Container Services
(AG2023/2006)
MARITIME CONTAINER SERVICES AND THE TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2023
| Road transport industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 7 JULY 2023 |
Application for approval of the Maritime Container Services and The Transport Workers Union Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Maritime Container Services and The Transport Workers Union Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Maritime Container Services Pty Ltd. The Agreement is a single enterprise agreement.
I raised concerns with the applicant that clause 34.1(d) which limits the amount referred to in clause 17.2(e) to no more than 1 week’s wages may be read so as to operate in a manner inconsistent with the National Employment Standards (NES). Clause 17.2(e) sets out circumstances where an employer may deduct from money due to the employee under the NES upon termination, if an employee fails to give the required period of notice. I was also concerned that the Agreement mentioned apprentices at clause 17 (j) but did not provide for rates of pay for apprentices.
In response the Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. A copy of the undertakings were provided to all bargaining representatives. No objection was raised. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Transport Workers’ Union of NSW 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) I note that the Agreement covers the organisation.
The Agreement was approved on 7 July 2023 and, in accordance with s.54, will operate from 14 July 2023. The nominal expiry date at clause 3.3 of the Agreement is 14 July 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520691 PR764047>
Annexure A
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