Skilled Maritime Services Pty Ltd T/A ATIVO

[2016] FWCA 437

[2016] FWCA 437

FAIR WORK COMMISSION

DECISION

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

Skilled Maritime Services Pty Ltd T/A ATIVO
(AG2015/7789)

ATIVO EAST SWANSTON DOCK (PATRICK) SITE MAINTENANCE ENTERPRISE AGREEMENT 2015-2017

Stevedoring industry
VICE PRESIDENT WATSON	MELBOURNE, 21 JANUARY 2016

Application for approval of the ATIVO East Swanston Dock (Patrick) Site Maintenance Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the ATIVO East Swanston Dock (Patrick) Site Maintenance Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skilled Maritime Services Pty Ltd T/A ATIVO.

[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 am not satisfied that the Agreement contains a consultation term in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Maritime Union of Australia 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(1)(a), will operate from 28 January 2016. The nominal expiry date of the Agreement is 1 October 2017.

VICE PRESIDENT

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