Svitzer Australia Pty Ltd
[2022] FWCA 1745
•27 MAY 2022
| [2022] FWCA 1745 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Svitzer Australia Pty Ltd
(AG2022/1425)
SVITZER AUSTRALIA PTY LIMITED PORT KEMBLA LINES AND MOORING ENTERPRISE AGREEMENT 2021
| Maritime industry | |
| COMMISSIONER P RYAN | SYDNEY, 27 MAY 2022 |
Application for approval of the SVITZER Australia Pty Limited Port Kembla Lines and Mooring Enterprise Agreement 2021
Svitzer Australia Pty Ltd (Employer) made an application for approval of an enterprise agreement known as the Svitzer Australia Pty Limited Port Kembla Lines and Mooring Enterprise Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement
Sections 186, 187, 188 and 190
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.
National Employment Standards (NES)
I observe that the provisions dealing with annual leave in advance, unpaid carer’s leave and notice of termination by an employee may be inconsistent with the NES. However, noting the undertaking in the form an NES precedence clause, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Model Consultation Term
The Agreement does not contain a consultation term, as required by s.205(1) of the Act. 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.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. 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.
Section 183 Bargaining representative
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.
In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2022. The nominal expiry date of the Agreement is 26 January 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516090 PR742055>
0
0
0