Northern Stevedoring Services Pty Ltd

Case

[2023] FWCA 2823

5 SEPTEMBER 2023


[2023] FWCA 2823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Stevedoring Services Pty Ltd

(AG2023/2754)

NSS PTY LTD AGREEMENT 2023

Stevedoring industry

COMMISSIONER YILMAZ

MELBOURNE, 5 SEPTEMBER 2023

Application for approval of the NSS Pty Ltd Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the NSS Pty Ltd Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Stevedoring Services Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. 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.

  1. The Agreement is approved and in accordance with s.54, will operate from 12 September 2023. The nominal expiry date of the Agreement is 12 September 2026.

COMMISSIONER

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<AE521365  PR765830>

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