P&O Maritime Services Pty Ltd

[2020] FWCA 193

[2020] FWCA 193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P&O Maritime Services Pty Ltd
(AG2019/4891)

P&O MARITIME SERVICES ENGINEER OFFICERS ENTERPRISE AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 JANUARY 2020

Application for approval of the P&O Maritime Services Engineer Officers Enterprise Agreement 2018.

[1] P&O Maritime Services Pty Ltd has made an application for the approval of an enterprise agreement known as the P&O Maritime Services Engineer Officers Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Institute of Marine and Power Engineers (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 14 January 2020 and, in accordance with s 54, will operate from 21 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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