Pacific Tug Group Pty Ltd

[2019] FWCA 5832

[2019] FWCA 5832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Tug Group Pty Ltd
(AG2019/2855)

PACIFIC TUG HARBOUR TOWAGE AGREEMENT 2019

Port authorities
DEPUTY PRESIDENT COLMAN	SYDNEY, 21 AUGUST 2019

Application for approval of the Pacific Tug Harbour Towage Agreement 2019

[1] Pacific Tug Group Pty Ltd has made an application for approval of an enterprise agreement known as the Pacific Tug Harbour Towage Agreement 2019 (the Agreement) 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. 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] 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.

[4] 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, the Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 21 August 2019 and, in accordance with s 54, will operate from 28 August 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Annexure A