Serco Defence Services Pty Limited T/A Serco

[2024] FWCA 2736

[2024] FWCA 2736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Serco Defence Services Pty Limited T/A Serco

(AG2024/2622)

NUYINA OFFICERS AND ENGINEERS ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER TRAN	MELBOURNE, 25 JULY 2024

Application for approval of the Nuyina Officers and Engineers Enterprise Agreement 2024

1. Serco Defence Services Pty Limited T/A Serco has applied for approval of an enterprise agreement known as the Nuyina Officers and Engineers Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. 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.

1. I note that Clause 27.9 may be inconsistent with the National Employment Standards as it may be inconsistent with s 117 of the Act. Given the National Employment Standards precedence clause at Clause 2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. The Australian Institute of Marine and Power Engineers and The Australian Maritime Officers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers both organisations.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 August 2024.

1. Despite Clause 3.1 and in accordance with s 186(5)(b) of the Act, the nominal expiry date of the Agreement is 4 August 2028.

COMMISSIONER

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