Port of Townsville Limited t/a Port of Townsville
[2024] FWCA 4262
•3 DECEMBER 2024
| [2024] FWCA 4262 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Port of Townsville Limited t/a Port of Townsville
(AG2024/4337)
PORT OF TOWNSVILLE LIMITED ADMINISTRATIVE, TECHNICAL, SUPERVISORY, AND PROFESSIONAL EMPLOYEES ENTERPRISE AGREEMENT 2024
| Port authorities | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 3 DECEMBER 2024 |
Application for approval of the Port of Townsville Limited Administrative, Technical, Supervisory, and Professional Employees Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Port of Townsville Limited Administrative, Technical, Supervisory, and Professional Employees Enterprise Agreement 2024 (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 Townsville Limited t/a Port of Townsville (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 2.5 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and that no term of the Agreement shall be less favourable to employees than the corresponding term of the NES. Where the NES provides a greater benefit than this Agreement, the NES provision will apply.
The Australian Maritime Officers Union (AMOU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMOU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527026 PR781955>
Annexure A
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