Maritime Container Services Pty Ltd T/A Maritime Container Services

[2022] FWCA 2341

[2022] FWCA 2341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maritime Container Services Pty Ltd T/A Maritime Container Services

(AG2022/2172)

Maritime Container Services Pty Ltd, Container Repair Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 13 JULY 2022

Application for approval of the Maritime Container Services Pty Ltd, Container Repair Enterprise Agreement 2021.

1. Maritime Container Services Pty Ltd T/A Maritime Container Services (the Employer) has made an application for the approval of the Maritime Container Services Pty Ltd, Container Repair Enterprise Agreement 2021 (the Agreement). The application was made under 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 are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

1. I note that Clause 27.2(a) – Termination of Employment is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2022. The nominal expiry date of the Agreement is 20 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A