Port Lincoln Tugs Pty Ltd

[2019] FWCA 3507

[2019] FWCA 3507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Lincoln Tugs Pty Ltd
(AG2019/1222)

PORT LINCOLN TUGS PTY LIMITED & AMOU ENTERPRISE AGREEMENT 2019

Maritime industry
COMMISSIONER PLATT	ADELAIDE, 21 MAY 2019

Application for approval of the Port Lincoln Tugs Pty Limited & AMOU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Port Lincoln Tugs Pty Limited & AMOU Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Port Lincoln Tugs Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 May 2019.

[3] On 20 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 May 2019. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  Despite clause 11.1.3 of the Agreement, probationary employees will be entitled to notice under the NES.

•  Clause 19 (Cashing out of Annual Leave) of the Agreement will operate subject to the protections contained in the undertaking.

•  Clause 22.4 of the Agreement shall no longer apply.

•  The public holidays contained in clause 24.2 of the Agreement will include those Gazetted by the South Australian Government.

•  The rates of pay for casual employees shall be either the “day rate” contained in clause 11.4.2 of the Agreement or the “Per Job Amount” in Schedule B Allowances, whichever is the greater.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The “The Australian Maritime Officers’ Union (AMOU)”, 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 27 January 2022.

COMMISSIONER

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