TOM WA Pty Ltd ATF WA Shipwrights Unit Trust T/A Three Ocean Maritime Pty Ltd

Case •

[2017] FWCA 6260

•

27 NOVEMBER 2017
[2017] FWCA 6260

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

TOM WA Pty Ltd ATF WA Shipwrights Unit Trust T/A Three Ocean Maritime Pty Ltd

(AG2017/4991)

Three Ocean Maritime Pty Ltd and Maritime Union of Australia Enterprise Agreement 2017

Maritime industry

Deputy President Colman

MELBOURNE, 27 NOVEMBER 2017

Application for approval of the Three Ocean Maritime Pty Ltd and Maritime Union of Australia Enterprise Agreement 2017.

  1. An application has been made for approval of an enterprise agreement known as the Three Ocean Maritime Pty Ltd and Maritime Union of Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TOM WA Pty Ltd as Trustee for the WA Shipwrights Unit Trust trading as Three Ocean Maritime Pty Ltd. The agreement is a single enterprise agreement.

  1. 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.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

  1. 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.

  1. 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

  1. The Agreement was approved on 27 November 2017 and, in accordance with s.54, will operate from 4 December 2017. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

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ANNEXURE A

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