Application for an order relating to instruments covering new employer and transferring employees Svitzer Australia Pty Limited

[2018] FWC 1462 Fair Work Commission 2018-01-01

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Deputy President Booth

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Concept tags · 3

[P]Enterprise agreement approval [P]Enterprise agreement variation [P]Transmission of business (Pt 2-8)

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Archived text (248 words)

1 Fair Work Act 2009 s.318 - Application for an order relating to instruments covering new employer and transferring employees Svitzer Australia Pty Limited (AG2018/483) SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD & MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2017 [AE425936] SMIT LAMNALCO TOWAGE (AUSTRALIA) PTY LTD & AUSTRALIAN MARITIME OFFICERS UNION ENTERPRISE AGREEMENT 2017 [AE425868] Maritime industry DEPUTY PRESIDENT BOOTH SYDNEY, 13 MARCH 2018 s.318 – Application in relation to an order for transfer of business - Application for order relating to instruments covering new employer and transferring employees. A. Pursuant to s.318 of the Fair Work Act 2009 (Cth) (the Act), I make the following orders: 1. That the Smit Lamnalco Towage (Australia) Pty Limited and Maritime Union of Australia Enterprise Agreement 2017 and the Smit Lamnalco Towage (Australia) Pty Limited and Australian Maritime Officers Union Enterprise Agreement 2017 will not cover Svitzer Australia Pty Limited (Svitzer), nor any employees transferring from Smith Lamnalco Towage (Australia) Pty Limited (Smit) to Svitzer. 2. That the Svitzer Australia National Towage Enterprise Agreement 2016 will cover any transferring employees from Smit. AE425868, AE425936 PR601090 ORDER AE425868, AE425936 PR601090 2 B. In accordance with s.318(4) of the Act, this order shall have effect from the time when any of the transferring employees commences employment with Svitzer, or the date of this order, whichever is the later. It shall remain in force for the duration of the transferring employees’ employment with Svitzer. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer