Southern Ports Authority, Port of Albany

[2016] FWCA 1546

[2016] FWCA 1546

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Ports Authority, Port of Albany

(AG2016/2160)

SOUTHERN PORTS AUTHORITY, PORT OF ALBANY AGREEMENT

2015

Port authorities

COMMISSIONER LEE MELBOURNE, 11 MARCH 2016

Application for approval of the Southern Ports Authority, Port of Albany Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

Southern Ports Authority, Port of Albany Agreement 2015 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by

Southern Ports Authority, Port of Albany. The Agreement is a single enterprise agreement.

[2]        The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3]        Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.

[4]        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.

[5]        The Maritime Union of Australia 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.
[2016] FWCA 1546

[6]        The Agreement is approved and, in accordance with s.54 of the Act, will operate from

18 March 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

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[2016] FWCA 1546

Annexure A