National Maritime Services Pty Ltd

[2020] FWCA 3737

[2020] FWCA 3737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Maritime Services Pty Ltd
(AG2020/1577)

NATIONAL MARITIME SERVICES LAUNCH AND MOORING OPERATIONS - KURNELL ENTERPRISE AGREEMENT 2019

Port authorities
COMMISSIONER JOHNS	SYDNEY, 16 JULY 2020

Application for approval of the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2019.

[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 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Maritime Services 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] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2020. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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Annexure A