Svitzer Australia Pty Limited

[2020] FWCA 2222

[2020] FWCA 2222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Svitzer Australia Pty Limited
(AG2020/1041)

SVITZER AUSTRALIA PTY LIMITED AND MUA NEWCASTLE LINES AND MOORING ENTERPRISE AGREEMENT 2019

Port authorities
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 APRIL 2020

Application for approval of the SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to subsection 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.

[4] Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, Maritime Union of Australia Division being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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