Total AMS Pty Ltd

[2014] FWCA 3128

[2014] FWCA 3128

FAIR WORK COMMISSION

DECISION

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

Total AMS Pty Ltd
(AG2014/1005)

TOTAL AMS PORT HEDLAND RESOURCES INDUSTRY AGREEMENT 2014

Port authorities
COMMISSIONER CLOGHAN	PERTH, 13 MAY 2014

Application for approval of the Total AMS Port Hedland Resources Industry Agreement 2014.

[1] On 1 May 2014, Total AMS Pty Ltd made application for approval of a single enterprise agreement to be known as the Total AMS Port Hedland Resources Industry Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 30 April 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 20 May 2014.

[7] The nominal expiry date of this Agreement is 12 May 2018

COMMISSIONER

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