Serco Defence Services Pty Ltd T/A Serco

[2020] FWCA 68

[2020] FWCA 68

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Defence Services Pty Ltd T/A Serco
(AG2019/5055)

NUYINA OFFICERS AND ENGINEERS ENTERPRISE AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JANUARY 2020

Application for approval of the Nuyina Officers and Engineers Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Nuyina Officers and Engineers Enterprise Agreement 2020 (the Agreement). The application was made by Serco Defence Services Pty Ltd T/A Serco pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Maritime Officers Union and the Australian Institute of Marine & Power Engineers 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 Clauses 27.9, 28.3 are inconsistent with the National Employment Standards. 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Maritime Officers Union and the Australian Institute of Marine & Power Engineers and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 days after Approval. The nominal expiry date of the Agreement is 6 January 2024.

DEPUTY PRESIDENT

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