Townsville Marine Logistics Pty Ltd

Case

[2023] FWCA 2203

17 JULY 2023


[2023] FWCA 2203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Townsville Marine Logistics Pty Ltd

(AG2023/2177)

TOWNSVILLE MARINE LOGISTICS ENTERPRISE AGREEMENT 2023

Stevedoring industry

COMMISSIONER CRAWFORD

SYDNEY, 17 JULY 2023

Application for approval of the Townsville Marine Logistics Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Townsville Marine Logistics Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Townsville Marine Logistics Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 1.2(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Maritime Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 July 2027.

COMMISSIONER

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