Sydney Harbour Stevedores Pty Ltd

[2019] FWCA 3827

[2019] FWCA 3827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Harbour Stevedores Pty Ltd
(AG2019/648)

SYDNEY HARBOUR STEVEDORES PTY LTD AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2018 (SYDNEY HARBOUR)

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2019

Application for approval of the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2018 (Sydney Harbour)

[1] Sydney Harbour Stevedores Pty Ltd has made an application for approval of an enterprise agreement known as the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2018 (Sydney Harbour) (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 June 2019 and, in accordance with s 54, will operate from 10 June 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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