Pacific Tug Group Pty Ltd

[2024] FWCA 4153

[2024] FWCA 4153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pacific Tug Group Pty Ltd

(AG2024/4121)

PACIFIC TUG HARBOUR TOWAGE AGREEMENT 2024

Maritime industry
COMMISSIONER PERICA	MELBOURNE, 27 NOVEMBER 2024

Pacific Tug Harbour Towage Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Pacific Tug Harbour Towage Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

1. Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Maritime Officers’ Union, Construction, Forestry and Maritime Employees Union and the Australian Institute of Marine and Power Engineers being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

1. The Agreement is approved today 27 November 2024. It will operate from 4 December 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526917  PR781723>

Annexure A