Port Waratah Coal Services Limited

[2015] FWCA 1688

[2015] FWCA 1688

FAIR WORK COMMISSION

DECISION

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

Port Waratah Coal Services Limited
(AG2015/1985)

PORT WARATAH COAL SERVICES LIMITED ENTERPRISE AGREEMENT 2015

Coal export terminals
COMMISSIONER CAMBRIDGE	SYDNEY, 12 MARCH 2015

Application for approval of the Port Waratah Coal Services Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Port Waratah Coal Services Limited Enterprise Agreement 2015 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 23 February 2015. The application included a Statutory Declaration of Lauren Dawson made on behalf of the Employer and dated 23 February 2015 (the Declaration). The Declaration stated that the Agreement was made on 10 February 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 12 March 2015.

[5] I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application. I further note that the file has included a Statutory Declaration of Tim Ayers made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Tony Callinan made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application. Further, I note that the file has included a Statutory Declaration of Mick Forbes made on behalf of the Transport Workers’ Union of Australia (the TWU), as an employee organisation in relation to the application. In addition, I note that the file has included a Statutory Declaration of Steve Butler made on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), as an employee organisation in relation to the application.

[6] I note that the Agreement contains a flexibility term at clause 40 and a consultation term at clause 8.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The MUA, the AMWU, the AWU, the TWU and the CEPU, each being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA, the AMWU, the AWU, the TWU and the CEPU.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 19 March 2015. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 19 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE412994  PR561891>