Sydney International Container Terminals Pty Limited and Brisbane Container Terminals Pty Limited T/A Hutchison Ports Australia

[2015] FWCA 7949

[2015] FWCA 7949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney International Container Terminals Pty Limited and Brisbane Container Terminals Pty Limited T/A Hutchison Ports Australia
(AG2015/6700)

SYDNEY INTERNATIONAL CONTAINER TERMINALS PTY LIMITED (SICTL) AND BRISBANE CONTAINER TERMINALS PTY LIMITED (BCT) AND MARITIME UNION OF AUSTRALIA (MUA) ENTERPRISE AGREEMENT 2015.

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2015

Application for approval of the Sydney International Container Terminals Pty Limited (SICTL) and Brisbane Container Terminals Pty Limited (BCT) and Maritime Union of Australia (MUA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sydney International Container Terminals Pty Limited (SICTL) and Brisbane Container Terminals Pty Limited (BCT) and Maritime Union of Australia (MUA) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney International Container Terminals Pty Limited (SICTL) and Brisbane Container Terminals Pty Limited T/A Hutchison Ports Australia. The agreement is a multi-enterprise agreement.

[2] This application arises from a s. 739 dispute lodged by the Maritime Union of Australia (MUA) against HPA on 4 August 2015. The parties have participated in many conferences before me to resolve the s. 739 dispute. As part of the resolution of the dispute, the parties agreed to ask employees to terminate the current Agreement, and to make a new Agreement. On 16 November 2015 the employees voted by 147 to 1 in favour of terminating the current Agreement and to make the new Agreement.

[3] 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) of the Act, I note that the Agreement covers the organisation.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2015. The nominal expiry date of the Agreement is 25 November 2018.

DEPUTY PRESIDENT

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