Svitzer Terminals Australia Pty Limited T/A Svitzer

[2023] FWCA 745

[2023] FWCA 745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Svitzer Terminals Australia Pty Limited T/A Svitzer

(AG2023/458)

Svitzer Terminals (Dampier) Masters Enterprise Agreement 2023

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 MARCH 2023

Application for approval of the Svitzer Terminals (Dampier) Masters Enterprise Agreement 2023

1. An application has been made for approval of a greenfields agreement known as the Application for approval of the Svitzer Terminals (Dampier) Masters Enterprise Agreement 2023 (the Agreement). The application was made by Svitzer Terminals Australia Pty Limited T/A Svitzer pursuant to s 185 of the Fair Work Act 2009 (the Act).

1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act 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 Australian Maritime Officers' Union (the organisation) 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.

1. The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

1. Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 March 2023. The nominal expiry date of the Agreement is 8 March 2027.

DEPUTY PRESIDENT

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