Svitzer Australia Pty Limited

[2014] FWCA 7593

[2014] FWCA 7593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Svitzer Australia Pty Limited
(AG2014/7856)

SVITZER AUSTRALIA PTY LIMITED BUNKER TANKER "ANATOMA" ENGINEERS ENTERPRISE AGREEMENT 2012

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 24 OCTOBER 2014

Application for variation of the Svitzer Australia Pty Limited Bunker Tanker "Anatoma" Engineers Enterprise Agreement 2012.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve of a variation of an enterprise agreement. The application has been made pursuant to s.210 of the Fair Work Act 2009 (the Act). The application was made by Svitzer Australia Pty Limited(the employer).

[2] The application seeks approval of a variation to the Svitzer Australia Pty Limited Bunker Tanker “Anatoma” Engineers Enterprise Agreement 2014 (the Agreement).

[3] The application was lodged at Sydney on 14 October 2014. The application included a statutory declaration of Albert Umansky dated 13 October 2014 (the declaration) made on behalf of the employer. The declaration stated that the variation to the Agreement was made on 11 September 2014.

[4] Therefore the application was not made within the 14 day time limit set by subsection 210 (3) (a) of the Act. However, in the circumstances where an explanation for the late lodgement has been provided which has established that it would be fair to extend time, I have decided to exercise the discretion provided by subsection 210 (3) (b) of the Act and extend time accordingly.

[5] The application seeks approval of a number of variations to the Agreement which primarily involve the replacement of the tables of rates of pay and allowances set out in the Agreement. In broad terms the replacement tables of rates of pay and allowances provide for increased rates to apply from March 2013. In addition a variation is also provided which extends the nominal expiry date of the Agreement, but that nominal expiry date is not more than 4 years after the day on which the Agreement was approved by the Commission.

[6] The application for approval of a variation was listed for Hearing in Chambers before the Commission on 24 October 2014. I note that the file has included a Statutory Declaration of Joseph Fallone made on behalf of the Australian Institute of Marine and Power Engineers (the AIMPE), as an employee organisation in relation to the application.

[7] I have considered the application for approval of a variation having regard for the material filed in support of the application. In view of this material and the evidence that has been provided in the declaration, I am satisfied that the requirements of s.211 of the Act have been met.

[8] Consequently the variation of the Agreement is approved. In accordance with s. 216 of the Act the variation to the Agreement will come into operation on and from 24 October 2014.

COMMISSIONER

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