Strait Link Shipping Pty Ltd T/A Strait Link Shipping

Case •

[2024] FWCA 725

•

26 FEBRUARY 2024
[2024] FWCA 725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Strait Link Shipping Pty Ltd T/A Strait Link Shipping

(AG2024/341)

STRAIT LINK SHIPPING MELBOURNE STEVEDORING ENTERPRISE AGREEMENT 2023

Stevedoring industry

COMMISSIONER JOHNS

MELBOURNE, 26 FEBRUARY 2024

Application for approval of the Strait Link Shipping Melbourne Stevedoring Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the STRAIT LINK SHIPPING MELBOURNE STEVEDORING ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Strait Link Shipping Pty Ltd T/A Strait Link Shipping. The Agreement is a single enterprise agreement.

  1. 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.

  1. An assessment of the Agreement has identified four clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Clause 14.2: Public holidays; and

b)Clauses 22.1.6, 22.2.1, 22.3.3: Redundancy.

  1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

  1. Noting the NES precedence clause (clause 5.3), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2024. The nominal expiry date of the Agreement is 20 November 2026.

COMMISSIONER

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