The Trustee For The Polaris Marine Trust No. 1 T/A Polaris Marine

[2024] FWCA 3257

[2024] FWCA 3257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For The Polaris Marine Trust No. 1 T/A Polaris Marine

(AG2024/3187)

POLARIS MARINE KING ISLAND CARGO ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER YILMAZ	MELBOURNE, 13 SEPTEMBER 2024

Application for approval of the Polaris Marine King Island Cargo Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Polaris Marine King Island Cargo Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee For The Polaris Marine Trust No. 1 T/A Polaris Marine. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as they 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.  

1. 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.

1. The Australian Maritime Officers’ Union, The Australian Institute of Marine and Power Engineers, and Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union, each being a bargaining representative for the Agreement, has each 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 each organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 20 September 2024. The nominal expiry date of the Agreement is 12 September 2028.

COMMISSIONER

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