Svitzer Australia Pty Limited

[2015] FWCA 805

[2015] FWCA 805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Svitzer Australia Pty Limited
(AG2015/113)

SVITZER PORT OF DARWIN MASTERS TERMINAL TOWAGE AGREEMENT 2015

Northern Territory
COMMISSIONER CLOGHAN	PERTH, 11 FEBRUARY 2015

Application for approval of the Svitzer Port of Darwin Masters Terminal Towage Agreement 2015.

[1] On 23 January 2015, Svitzer Australia Pty Limited made application for approval of a single enterprise agreement to be known as the Svitzer Port of Darwin Masters Terminal Towage Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 12 January 2015.

[3] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Maritime Officers Union (AMOU) has declared that the AMOU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMOU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 18 February 2015.

[7] The nominal expiry date of this Agreement is 31 December 2018.

COMMISSIONER

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