Svitzer OSM Australia Pty Limited T/A Svitzer OSM Australia

[2014] FWCA 6704

[2014] FWCA 6704

FAIR WORK COMMISSION

DECISION

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

Svitzer OSM Australia Pty Limited T/A Svitzer OSM Australia
(AG2014/7452)

SVITZER - OSM AUSTRALIA PTY LTD MUA CONTRACT PROPELLED DREDGING ENTERPRISE AGREEMENT 2012

Dredging industry
COMMISSIONER HAMPTON	ADELAIDE, 24 SEPTEMBER 2014

Application for approval of the Svitzer - OSM Australia Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Svitzer - OSM Australia Pty Ltd MUA Contract Propelled Dredging Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Svitzer OSM Australia Pty Limited T/A Svitzer OSM Australia and the Maritime Union of Australia. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the MUA, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the MUA is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2014. The nominal expiry date of the Agreement is 8 February 2016.

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