Port of Brisbane Pty Ltd

[2022] FWCA 3513

[2022] FWCA 3513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port of Brisbane Pty Ltd

(AG2022/3836)

Ken Harvey and Support Craft Enterprise Agreement 2022

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 13 OCTOBER 2022

Application for approval of the Ken Harvey and Support Craft Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Ken Harvey and Support Craft Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port of Brisbane Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached at 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Australian Institute of Marine and Power Engineers (AIMPE) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AIMPE and CFMMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A