Sydney Ports Corporation

[2013] FWCA 7773

[2013] FWCA 7773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sydney Ports Corporation
(AG2013/9423)

SYDNEY PORTS CORPORATION MARINE PILOTS' ENTERPRISE AGREEMENT 2013 - 2016

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 4 OCTOBER 2013

Application for approval of the Sydney Ports Corporation Marine Pilots' Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Ports Corporation Marine Pilots’ Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Ports Corporation (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 13 September 2013. The application included a Statutory Declaration of Alison Louise Nolan dated 16 August 2013 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 29 July 2013. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the Employer has provided an explanation for the late lodgement, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 4 October 2013. I note that the Agreement contains a flexibility term at clause 1.5 and a consultation term at clause 1.4.

[5] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 October 2013. The nominal expiry date of the Agreement as specified in clause 1.2.2 of the Agreement, is 30 June 2016.

COMMISSIONER

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