Serco Defence Services Pty Limited T/A Serco

[2020] FWCA 595

[2020] FWCA 595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Defence Services Pty Limited T/A Serco
(AG2020/69)

NUYINA CREW ENTERPRISE AGREEMENT 2020

Maritime industry
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2020

Application for approval of the Nuyina Crew Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Nuyina Crew Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Serco Defence Services Pty Limited T/A Serco. The Agreement is a greenfields 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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that cl.14.5 of the Agreement may be unenforceable as it is likely to be a deduction contrary to s.324 of the Act.

[4] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2020. The nominal expiry date of the Agreement is 6 January 2024.

COMMISSIONER

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