Southern Ports Authority T/A Southern Ports
[2022] FWCA 4425
•15 DECEMBER 2022
| [2022] FWCA 4425 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Southern Ports Authority T/A Southern Ports
(AG2022/5092)
Southern Ports Marine Pilots Port of Bunbury and Port of Esperance Enterprise Agreement 2022 – 2025
| Maritime industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 15 DECEMBER 2022 |
Application for approval of the Southern Ports Marine Pilots Port of Bunbury and Port of Esperance Enterprise Agreement 2022 – 2025
Southern Ports Authority T/A Southern Ports (the Applicant) has made an application for the approval of an enterprise agreement known as the Southern Ports Marine Pilots Port of Bunbury and Port of Esperance Enterprise Agreement 2022 – 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
Clause 6.4.1 of the Agreement states that in the event of redundancy, an employee is entitled to three weeks’ salary for each year of continued employment to a maximum payment, including payment in lieu of notice, of 52 weeks’ pay, commencing at the day of appointment. Although it appears that this clause, in part, is contrary to s 119(2) of the Act, which provides that an employee who has served a period of at least one year but less than two years of continuous service would receive four weeks’ redundancy pay, I am satisfied that the issue is resolved by the inclusion of clause 1.5.4 of the Agreement.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Australian Maritime Officers' Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 15 December 2022 and, in accordance with s 54, will operate from 22 December 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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