SeaRoad Shipping Pty Ltd T/A SeaRoad Shipping

[2019] FWCA 459

[2019] FWCA 459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaRoad Shipping Pty Ltd T/A SeaRoad Shipping
(AG2018/5616)

SEAROAD SHIPPING ENTERPRISE AGREEMENT (STEVEDORING) 2018

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2018.

[1] An application has been made for approval of an enterprise agreement known as the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SeaRoad Shipping Pty Ltd T/A SeaRoad Shipping. The Agreement is a single enterprise agreement.

[2] 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.

[3] I note that Clauses 16.18.1, 16.18.2, 16.19 are inconsistent with the National Employment Standards regarding personal leave. Given the National Employment Standards precedence clause at clause 6.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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) 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 1 February 2019. The nominal expiry date of the Agreement is 22 May 2020.

DEPUTY PRESIDENT

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