Port Waratah Coal Services Limited

Case

[2009] FWA 413

29 SEPTEMBER 2009

No judgment structure available for this case.

[2009] FWA 413


FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Port Waratah Coal Services Limited
(AG2009/821)

PORT WARATAH COAL SERVICES LIMITED ENTERPRISE AGREEMENT 2009

Maritime Industry

VICE PRESIDENT WATSON

SYDNEY, 29 SEPTEMBER 2009

Application for approval of the Port Waratah Coal Services Limited Enterprise Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the Port Waratah Coal Services Limited Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Waratah Coal Services Limited. The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Energy and Services Division, NSW Divisional Branch (CEPU); the Transport Workers Union of Australia (TWU); the Maritime Union of Australia (MUA) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 October 2009. The nominal expiry date of the Agreement is 6 October 2012.

VICE PRESIDENT WATSON

 1   Item 2, Part 1, of Schedule 2.




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