Newcastle Stevedores Pty Ltd

[2016] FWCA 4832

[2016] FWCA 4832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185— Application for approval of a single-enterprise agreement

Newcastle Stevedores Pty Ltd
(AG2016/3493)

NEWCASTLE STEVEDORES BULK AND GENERAL ENTERPRISE AGREEMENT 2015

Stevedoring industry
COMMISSIONER SAUNDERS	NEWCASTLE, 19 JULY 2016

Application for approval of the Newcastle Stevedores Bulk and General Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Stevedores Bulk and General Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Maritime Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2016. The nominal expiry date of the Agreement is 10 September 2018.

COMMISSIONER

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Annexure A: