Svitzer Australia Pty Limited

[2017] FWCA 3084

[2017] FWCA 3084

FAIR WORK COMMISSION

DECISION

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

Svitzer Australia Pty Limited
(AG2017/2028)

SVITZER AUSTRALIA PTY LIMITED NATIONAL TOWAGE ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 14 JUNE 2017

Application for variation of the Svitzer Australia Pty Limited National Towage Enterprise Agreement 2016.

[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 National Towage Enterprise Agreement 2016 (the Agreement).

[3] The application was lodged at Sydney on 4 June 2017. The application included a statutory declaration of Jude Gibson dated 30 May 2017 (the declaration) made on behalf of the employer. The declaration stated that the variation to the Agreement was made on 22 May 2017.

[4] Therefore the application was made within the 14 day time limit set by subsection 210 (3) (a) of the Act.

[5] The application seeks approval of a variation to the Agreement which primarily involves two variations of the Annual Salaries per Classification table set out in Schedule 1 of the Agreement. In broad terms, the variation of the Annual Salaries for two Ports located in Cairns and Mourilyan will be reduced by 7% from 1 July 2017 and no salary increases in these Ports from 1 January 2018 and 1 January 2019 if the CPI increase for each year is 1.5% or less. This variation has been approved in accordance with an agreement between the Parties in respect of a tender proposal for the new Port license/contract.

[6] The application for approval of a variation was listed for Hearing in Chambers before the Commission on 14 June 2017.

[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 14 June 2017.

COMMISSIONER

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