Svitzer Australia Pty Limited

[2015] FWCA 4695

[2015] FWCA 4695

FAIR WORK COMMISSION

DECISION

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

Svitzer Australia Pty Limited
(AG2015/3186)

SVITZER AUSTRALIA PTY LIMITED LAUNCH AND MOORING OPERATIONS - PORT OF FREMANTLE ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 13 JULY 2015

Application for approval of the SVITZER Australia Pty Limited Launch and Mooring Operations - Port of Fremantle Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SVITZER Australia Pty Limited Launch and Mooring Operations – Port of Fremantle Enterprise Agreement 2014(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 (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 30 June 2015. The application included a Statutory Declaration of Albert Umansky made on behalf of the Employer and dated 26 June 2015 (the Declaration). The Declaration stated that the Agreement was made on 29 May 2015. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 13 July 2015. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Carl Frank YOUNG made on behalf of the Australian Maritime Officers' Union (the AMOU), as an employee organisation in relation to the application.
[5] I note that the Agreement contains a flexibility term at clause 7 and consultation terms at clauses 9 and 11.

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

[7] The MUA and the AMOU, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA and the AMOU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 20 July 2015. The nominal expiry date of the Agreement as specified in clause 2.2 of the Agreement, is 30 April 2016.

COMMISSIONER

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