Svitzer Australia Pty Limited T/A Svitzer Australia

[2016] FWCA 5075

[2016] FWCA 5075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Svitzer Australia Pty Limited T/A Svitzer Australia
(AG2016/3442)

SVITZER AUSTRALIA PTY LIMITED LAUNCH AND MOORING OPERATIONS – PORT OF FREMANTLE ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 JULY 2016

Application for approval of the SVITZER Australia Pty Limited Launch and Mooring Operations - Port of Fremantle Enterprise Agreement 2016.

[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 2016 (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 T/A Svitzer Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.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. However, for the avoidance of confusion, clause 11.3 of the Agreement remains binding on the parties covered by the Agreement.

[5] Pursuant to s.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.

[6] The Australian Maritime Officers’ Union and The Maritime Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 28 July 2016 and, in accordance with s.54, will operate from 4 August 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

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Annexure A