4 yearly review of modern awards - Seagoing Industry Award 2010; Ports, Harbours and Enclosed Water Vessels Award 2010; Marine Towage Award 2010

The decision under review was handed down by the Fair Work Commission (FWC) in a decision issued on 21 March 2018. The matter involved an application by Sea Swift for a review of certain aspects of the Seagoing Award, Ports Award and Towage Award. This application was made in the context of the FWC's 4 yearly review of modern awards. The FWC was asked to determine the appropriate relationship between the Seagoing Award and the Ports Award and whether the awards should be amended to reflect that relationship. The Maritime Union of Australia (MUA) and Sea Swift filed submissions opposing the FWC's initial decision and opposing certain proposed variations to the awards.

The central legal issue before the FWC was whether the Seagoing Award and Ports Award should be amended to ensure they interrelate in an appropriate and effective manner. The FWC had previously indicated in a decision on 24 February 2017 that variations to the awards should be made. However, Sea Swift and the MUA filed submissions disagreeing with the draft determinations for the Seagoing Award and Ports Award in differing but significant respects. The FWC was required to consider these submissions and determine whether the awards should be amended as proposed, and if so, in what manner.

In its decision, the FWC found that the Seagoing Award and Ports Award should not be amended in the manner proposed in the draft determinations. The FWC determined that the relationship between the awards should be left as it currently stands, with certain exceptions. The FWC found that the proposed variations to the awards would have unintended consequences and would not achieve the desired outcome of ensuring the awards interrelate in an appropriate and effective manner. The FWC also found that the submissions filed by Sea Swift and the MUA contained valid concerns that needed to be addressed.

The FWC made orders that the draft determinations for the Seagoing Award and Ports Award be withdrawn and that no variations be made to those awards. The FWC also made orders that the Towage Award remain unchanged. The FWC's decision represents an important clarification of the relationship between the Seagoing Award and Ports Award and ensures that the awards continue to operate in an effective manner.