Svitzer Australia Pty Ltd T/A Svitzer Australia Pty Ltd

[2019] FWCA 4470

[2019] FWCA 4470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Svitzer Australia Pty Ltd T/A Svitzer Australia Pty Ltd
(AG2019/1979)

SVITZER AUSTRALIA PTY LTD AND MARITIME UNIONS PORT OF FREMANTLE LINES AND LAUNCHES ENTERPRISE AGREEMENT 2019

Maritime industry
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2019

Application for approval of the Svitzer Australia Pty Ltd and Maritime Unions Port of Fremantle Lines and Launches Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Svitzer Australia Pty Ltd and Maritime Unions Port of Fremantle Lines and Launches Enterprise Agreement 2019 (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 Ltd T/A Svitzer Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union and The Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

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