Queensland Nickel Pty Ltd

[2014] FWCA 7164

[2014] FWCA 7164

FAIR WORK COMMISSION

DECISION

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

Queensland Nickel Pty Ltd
(AG2014/9109)

QUEENSLAND NICKEL PORT OPERATIONS AGREEMENT 2014

Stevedoring industry
COMMISSIONER CAMBRIDGE	SYDNEY, 10 OCTOBER 2014

Application for approval of the Queensland Nickel Port Operations Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Nickel Port Operations Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland NickelPty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 23 September 2014. The application included a Statutory Declaration of Jacqui McLintock made on behalf of the Employer and dated 19 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 10 September 2014. 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 10 October 2014. 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 Benjamin Charles Swan made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application

[5] I note that the Agreement contains a flexibility term at clause 3.9 and a consultation term at clause 3.2.

[6] 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.

[7] The MUA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

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

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 17 October 2014. The nominal expiry date of the Agreement as specified in clause 1.4.3 of the Agreement, is 17 October 2015.

COMMISSIONER

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