Sydney International Container Terminals Pty Ltd

[2021] FWCA 4855

[2021] FWCA 4855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney International Container Terminals Pty Ltd
(AG2021/6398)

HUTCHISON PORTS AUSTRALIA (HPA) AND MARITIME UNION OF AUSTRALIA (MUA) ENTERPRISE AGREEMENT 2021

Stevedoring industry
DEPUTY PRESIDENT DEAN	CANBERRA, 9 AUGUST 2021

Application for approval of the Hutchison Ports Australia (HPA) and Maritime Union of Australia (MUA) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hutchison Ports Australia (HPA) and Maritime Union of Australia (MUA) Enterprise Agreement 2021 (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 Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings to correct typographical errors and omissions in the Agreement. A copy of the undertaking 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. The undertakings are taken to be a term of 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2021. The nominal expiry date of the Agreement is 8 August 2025.

DEPUTY PRESIDENT

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<AE512655  PR732604>

Annexure A