National Maritime Services Pty Ltd

Case

[2023] FWCA 156

17 JANUARY 2023


[2023] FWCA 156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Maritime Services Pty Ltd

(AG2022/5408)

NATIONAL MARITIME SERVICES LAUNCH AND MOORING OPERATIONS KURNELL ENTERPRISE AGREEMENT 2022

Maritime industry

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 17 JANUARY 2023

Application for approval of the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

  1. Subject to the Undertakings, I am satisfied that each of the requirements of sections 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 section 54 of the Act, will operate from 24 January 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518904  PR749729>

Annexure A

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