Peninsula Searoad Transport Pty Ltd

[2013] FWCA 169

[2013] FWCA 169

FAIR WORK COMMISSION

DECISION

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

Peninsula Searoad Transport Pty Ltd
(AG2012/14370)

PENINSULA SEAROAD TRANSPORT PTY LTD MASTERS, MATES, ENGINEERS & GPS ENTERPRISE BARGAINING AGREEMENT 2012

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 9 JANUARY 2013

Application for approval of the Peninsula Searoad Transport Pty Ltd Masters, Mates, Engineers & GPs Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Peninsula Searoad Transport Pty Ltd Masters, Mates, Engineers & GPs Enterprise Bargaining Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Peninsula Searoad Transport Pty Ltd. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

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

[4] The Australian Maritime Officers’ Union and The Australian Institute of Marine and Power Engineers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers both organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 15 January 2016.

COMMISSIONER

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