Svitzer Australia Pty Limited

[2013] FWCA 5121

[2013] FWCA 5121

FAIR WORK COMMISSION

DECISION

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

Svitzer Australia Pty Limited
(AG2013/1779)

SVITZER AUSTRALASIA PORT OF EDEN LINES AND LAUNCH SERVICES AGREEMENT 2013

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 29 JULY 2013

Application for approval of the SVITZER Australasia Port of Eden Lines and Launch Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SVITZER Australasia Port of Eden Lines and Launch Services Agreement 2013 (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] 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. A written undertaking concerning the model flexibility clause and model consultation clause has been received from Svitzer. In accordance with s.190(4) of the Act the view of the bargaining representative, the Maritime Union of Australia (MUA) has been sought in relation to the undertaking. 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.

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

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 5 August 2013. The nominal expiry date of the Agreement is 31 December 2013.

VICE PRESIDENT WATSON

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