Southern Ports Authority T/A Southern Ports
[2022] FWCA 3988
•14 NOVEMBER 2022
| [2022] FWCA 3988 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Southern Ports Authority T/A Southern Ports
(AG2022/4336)
Southern Ports – Esperance Shift Superintendents Enterprise Agreement 2021
| Port authorities | |
| COMMISSIONER SCHNEIDER | PERTH, 14 NOVEMBER 2022 |
Application for approval of the Southern Ports – Esperance Shift Superintendents Enterprise Agreement 2021
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 – Esperance Shift Superintendents Enterprise Agreement 2021 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Australian Maritime Officers' Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 31 December 2024.
COMMISSIONER
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