SeaRoad Shipping Pty Ltd

[2015] FWCA 3668

[2015] FWCA 3668

FAIR WORK COMMISSION

DECISION

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

SeaRoad Shipping Pty Ltd
(AG2015/1157)

SEAROAD SHIPPING ENTERPRISE AGREEMENT (STEVEDORING) 2014

Stevedoring industry
COMMISSIONER HAMPTON	ADELAIDE, 1 JUNE 2015

Application for approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2014.

[1] An application has been made for approval of an enterprise agreement known as the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SeaRoad Shipping Pty Ltd. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[3] 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. In so finding, I note that the employees were originally advised by the employer of the nature and timing of the employee ballot on 22 April 2015 and that this meets the requirements of s.180(3) of the Act.

[4] The Maritime Union of Australia, being a bargaining representative for the Agreement, has given 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 that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2015. The nominal expiry date of the Agreement is 22 May 2018.

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