Polaris Marine Pty Ltd

[2020] FWCA 3400

[2020] FWCA 3400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Polaris Marine Pty Ltd
(AG2020/1548)

POLARIS MARINE CARGO VESSELS ENTERPRISE AGREEMENT 2019

Maritime industry
COMMISSIONER YILMAZ	MELBOURNE, 29 JUNE 2020

Application for approval of the Polaris Marine Cargo Vessels Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Polaris Marine Cargo Vessels Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Polaris Marine Pty Ltd. 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. The undertakings are taken to be a term of the Agreement.

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

[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 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 6 July 2020. The nominal expiry date of the Agreement is 28 June 2024.

COMMISSIONER

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Annexure A