Port of Townsville Limited

[2021] FWCA 6235

[2021] FWCA 6235

FAIR WORK COMMISSION

DECISION

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

Port of Townsville Limited
(AG2021/7400)

PORT OF TOWNSVILLE LIMITED MAINTENANCE AND SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 13 OCTOBER 2021

Application for approval of the Port of Townsville Limited Maintenance and Security Employees Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Maintenance and Security Employees Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Port of Townsville Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] 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.

[4] Noting clause 2.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Maritime Union of Australia, a Division of Construction Forestry Maritime Mining and Energy Union (MUA) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the MUA wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the MUA.

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

COMMISSIONER

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