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austlii:cth/FWCA/2021/1006
procedural. The Agreement was approved and will operate from 3 March 2021 with a nominal expiry date of 30 September 2023.
The Fair Work Commission approved an enterprise agreement between DP World Brisbane and its employees. The employer provided written promises (undertakings) to ensure workers would not be worse off overall. The agreement did not include standard consultation and flexibility clauses, so the Commission added the default model terms from the regulations. The union that helped negotiate the agreement was formally noted as being covered by it. The agreement will start on 3 March 2021 and expire on 30 September 2023.
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2 cited instruments linked from this judgment.
s.185 - Enterprise agreement
DP WORLD BRISBANE (CEPU) ENTERPRISE AGREEMENT 2020
Application for approval of the DP World Brisbane (CEPU) Enterprise Agreement 2020.
[1] An application has been made for approval of an enterprise agreement known as the DP World Brisbane (CEPU) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DP World Brisbane Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Employer 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. The undertakings are taken to be a term of the agreement.
[3] Subject to the undertakings referred to above, 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.
[4] 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.
[5] 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.
[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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) I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2021. The nominal expiry date of the Agreement is 30 September 2023.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 3 March 2021 with a nominal expiry date of 30 September 2023.