Svitzer Australia Pty Limited

[2015] FWCA 1684

[2015] FWCA 1684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Svitzer Australia Pty Limited
(AG2015/314)

SVITZER AUSTRALASIA PORT OF EDEN LINES AND LAUNCH SERVICES AGREEMENT 2014

Maritime industry
VICE PRESIDENT WATSON	MELBOURNE, 17 MARCH 2015

Application for approval of the Svitzer Australasia Port of Eden Lines and Launch Services Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Svitzer Australasia Lines and Launch Services Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Svitzer Australia Pty Limited (Svitzer).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 18 February 2015.

[3] 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.

[4] I am not satisfied that the Agreement contains a consultation term in the terms of s.205 of the Act. 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] A written undertaking dated 11 March 2015 has been received from the employer concerning the dispute settlement procedure at clause 15 of the Agreement. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[6] The Maritime Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 24 March 2015. The nominal expiry date of the Agreement is 31 December 2016.

VICE PRESIDENT WATSON

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