WA Shell Sands Pty Ltd

[2013] FWCA 802

[2013] FWCA 802

FAIR WORK COMMISSION

DECISION

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

WA Shell Sands Pty Ltd
(AG2013/4250)

WA SHELL SANDS PTY LTD UNION COLLECTIVE AGREEMENT 2011

Maritime industry
COMMISSIONER BOOTH	BRISBANE, 7 FEBRUARY 2013

Application for approval of the WA Shell Sands Pty Ltd Union Collective Agreement 2011.

[1] An application has been made for approval of a single enterprise agreement known as the WA Shell Sands Pty Ltd Union Collective Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by WA Shell Sands Pty Ltd.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 7 January 2013.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation term in clause 28 in the Agreement does not comply with s.205 of the Act. Therefore 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 and is attached to the Agreement.

[5] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them:

• The Australian Maritime Officers’ Union

• The Maritime Union of Australia; and

• The Australian Workers’ Union.

In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2013. The nominal expiry date of the Agreement is 1 August 2014.

COMMISSIONER

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