Sydney Harbour Stevedores Pty Ltd

[2016] FWCA 9021

[2016] FWCA 9021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Harbour Stevedores Pty Ltd
(AG2016/6622)

SYDNEY HARBOUR STEVEDORES PTY LTD AND MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2016 (SYDNEY HARBOUR)

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2016 (Sydney Harbour).

[1] An application has been made for approval of an enterprise agreement known as the Sydney Harbour Stevedores Pty Ltd and Maritime Union of Australia Enterprise Agreement 2016 (Sydney Harbour) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Harbour Stevedores Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Maritime Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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Annexure A