PB Towage (Australia) Pty Ltd

[2014] FWCA 821

[2014] FWCA 821

FAIR WORK COMMISSION

DECISION

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

PB Towage (Australia) Pty Ltd
(AG2013/11899)

PB TOWAGE (AUSTRALIA) PTY LTD BUNBURY ENTERPRISE AGREEMENT 2013

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 7 FEBRUARY 2014

Application for approval of the PB Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PB Towage (Australia) Pty Ltd Bunbury Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PB Towage (Australia) Pty Ltd.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 December 2013.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] A written undertaking dated 24 January 2014 has been received from the employer concerning the dispute settlement procedure at clauses 8 of the Agreement. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[5] The Maritime Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 14 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

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