DECISION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Seagoing Industry Award 2020
(AM2016/5)

VICE PRESIDENT HATCHER
DEPUTY PRESIDENT ASBURY
COMMISSIONER CAMBRIDGE

SYDNEY, 6 NOVEMBER 2020

4 yearly review of modern awards – Seagoing Industry Award 2010 – changes to classifications.

[1] In our decision issued on 24 March 2020 1, we finalised a long-running issue concerning the interaction of the coverage provisions of the Seagoing Industry Award 2010 (Seagoing Award), the Ports, Harbours and Enclosed Water Vessels Award 2010 and the Marine Towage Award 2010.

[2] We have received correspondence from the Australian Institute of Marine & Power Engineers (AIMPE) in respect of the issue of the Electro Technical Officers and Electricians classifications for every vessel category in the Seagoing Award. The AIMPE notes that these matters were resolved by the parties at a conference before the Commissioner on 29 November 2016 and seeks that the consensus position be incorporated into the Seagoing Award.

[3] The Seagoing Industry Award 2020 has now been published and commenced on 18 June 2020. Attached to this decision is a draft determination for the variation of the 2020 Award reflecting the consensus position of the parties. Interested parties are invited to file submissions concerning the form of the variation within 14 days.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

MA000122 PRXXXXX X

DRAFT DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2016/5)

SEAGOING INDUSTRY AWARD 2020
[MA000122]

Maritime industry
VICE PRESIDENT HATCHER DEPUTY PRESIDENT ASBURY COMMISSIONER CAMBRIDGE	SYDNEY, XX MONTH 2020

4 yearly review of modern awards – Seagoing Industry Award 2010 – changes to classifications.

A. Further to the Full Bench decision issued by the Fair Work Commission on 24 February 2017 [[2017] FWCFB 1138], the above award is varied as follows:

1. By inserting the following definition in clause 2.2 in alphabetical order:

electrician means a person with a trade certificate as Electrical fitter (or equivalent) but who does not hold an Electro-technical officer certificate

2. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(a).

3. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(a).

4. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(b).

5. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(b).

6. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(c).

7. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(c).

8. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(d).

9. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(d).

10. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(e).

11. By inserting the word “Electrician” after the words “/Third mate/Third engineer” in the table in clause 14.1(e).

12. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(f).

13. By inserting the word “/Electrician” after the words “/Third mate/Third engineer” in the table in clause 14.1(f).

14. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer/Electrical engineer” in the table in clause 14.1(g).

15. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(g).

B. This determination comes into operation from XX MONTH 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after XX MONTH 2020.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWCFB 1450

The matter involved the Commonwealth, the Australian Chamber of Commerce and Industry, the Maritime Union of Australia, and the Seafarers Union of Australia. The parties disputed the changes proposed in the 4 yearly review of the Seagoing Industry Award 2010, which led to the creation of the Seagoing Industry Award 2020. The Fair Work Commission was tasked with deciding whether the proposed changes were consistent with the relevant statutory criteria.

The central legal issue was whether the changes to classifications in the Seagoing Industry Award 2020 were consistent with the statutory criteria under the Fair Work Act 2009. This involved assessing whether the changes promoted the Commission's objectives and whether they adhered to the principles of fairness and reasonableness. The Commission also had to determine if the changes were necessary and appropriate in light of the evidence presented.

The Fair Work Commission found that the changes were consistent with the statutory criteria. The Commission considered the evidence and submissions from the parties and concluded that the proposed changes were necessary to reflect changes in the industry and to promote the objectives of the Act. The changes were also found to be fair and reasonable, taking into account the interests of all parties involved. Consequently, the Commission approved the proposed changes, resulting in the Seagoing Industry Award 2020.

4 yearly review of modern awards – Seagoing Industry Award 2020

DECISION

DRAFT DETERMINATION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established