Pilbara Ports Authority

[2017] FWCA 1663

[2017] FWCA 1663

FAIR WORK COMMISSION

DECISION

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

Pilbara Ports Authority
(AG2017/527)

PILBARA PORTS AUTHORITY - PORT OF HEDLAND VTSO AGREEMENT 2017

Port authorities
COMMISSIONER ROE	MELBOURNE, 24 MARCH 2017

Application for approval of the Pilbara Ports Authority - Port of Port Hedland VTSO Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Ports Authority – Port of Hedland ATSO Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilbara Ports Authority. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Maritime Officers Union 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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