Port of Brisbane Pty Ltd

[2017] FWCA 6741

[2017] FWCA 6741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port of Brisbane Pty Ltd
(AG2017/5547)

PORT OF BRISBANE PTY LTD - TSHD BRISBANE ENTERPRISE AGREEMENT 2017

Port authorities
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 DECEMBER 2017

Application for approval of the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 2017.

[1] Port of Brisbane Pty Ltd applies for approval of an enterprise agreement known as the Port of Brisbane Pty Ltd - TSHD Brisbane Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Maritime Union of Australia (MUA); the Australian Maritime Officers’ Union (AMOU); and the Australian Institute of Marine and Power Engineers (AIMPE), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 25 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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