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austlii:cth/FWCA/2024/4151
procedural. The Fremantle Ports Marine Services Enterprise Agreement 2024 was approved and will operate from 3 December 2024 with a nominal expiry date of 19 March 2027. The workplace delegates' rights term...
The Fair Work Commission approved an enterprise agreement for Fremantle Port Authority covering marine services employees. The employer provided a written undertaking, and after checking that bargaining representatives had no objections, the Commission was satisfied the agreement met all legal requirements. The agreement will operate from 3 December 2024 until March 2027. The workplace delegates' rights from the relevant award automatically became part of the agreement.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
FREMANTLE PORTS MARINE SERVICES ENTERPRISE AGREEMENT 2024.
Application for approval of the Fremantle Ports Marine Services Enterprise Agreement 2024.
[1] Fremantle Port Authority T/A Fremantle Ports (the Applicant) has made an application for the approval of an enterprise agreement known as the Fremantle Ports Marine Services Enterprise Agreement 2024 (the Agreement).
[2] The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
[4] In compliance with section 190(4) of the Act, the bargaining representative's views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[6] Pursuant to section 205A(2) of the Act, the workplace delegates' rights term prescribed by the Port Authorities Award 2020 is taken to be a term of the Agreement.
[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 December 2024. The nominal expiry date of the Agreement is 19 March 2027.

Printed by authority of the Commonwealth Government Printer
The Fremantle Ports Marine Services Enterprise Agreement 2024 was approved and will operate from 3 December 2024 with a nominal expiry date of 19 March 2027. The workplace delegates' rights term from the Port Authorities Award 2020 was taken to be a term of the Agreement pursuant to s 205A(2) of the Act.