Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT

[2022] FWCA 601

[2022] FWCA 601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT

(AG2022/96)

MIRRAT Enterprise Agreement 2022

Stevedoring industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 FEBRUARY 2022

Application for approval of the MIRRAT Enterprise Agreement 2022

1. Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT (the Applicant) has made an application for approval of an enterprise agreement known as the MIRRAT 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 matter was allocated to my Chambers on 14 February 2022.

1. On 14 January 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Confirmation was sought as to the correct date voting commenced, to be satisfied legislated time frames as prescribed by s.180 (3) of the Act were met.

·  Clarification was sought as to the correct definition of shiftworker and the correct Award reference that contains the shiftworker definition that applies to the Agreement.

·  Parties were notified that should the Agreement be approved, the deduction contained at clause 15.2 may be unenforceable.

·  Clauses 16.1 and 16.7 relating to redundancy may be inconsistent with the National Employment Standards.

1. The Applicant has submitted undertakings in the required form dated 15 February 2022. The undertaking deals with the following topics:

·  Clarified that the correct shiftworker definition is contained at section 2, clause 13.3 of the Award.

·  The Applicant has inserted a National Employment Standards (NES) precedence clause.

1. A copy of the undertakings have been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertakings.

1. The undertakings appear to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 December 2025.

COMMISSIONER

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