Stradbroke Ferries Pty Ltd

[2019] FWCA 2996

[2019] FWCA 2996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stradbroke Ferries Pty Ltd
(AG2019/608)

STRADBROKE FERRIES PTY LTD MARINE OPERATIONS ENTERPRISE AGREEMENT 2018

Port authorities
COMMISSIONER YILMAZ	MELBOURNE, 2 MAY 2019

Application for approval of the Stradbroke Ferries Pty Ltd Marine Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Stradbroke Ferries Pty Ltd Marine Operations Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stradbroke Ferries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained a typographical error at clause 17.1 relating to the sum of the dual capacity allowance. On 3 May 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. I am satisfied that the correction is favourable to employees and will not disadvantage employees.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Institute of Marine and Power Engineers, the Australian Maritime Officers’ Union, the Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54, will operate from 10 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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