Austal Ships Pty Ltd T/A Austal Ships

[2023] FWCA 1123

[2023] FWCA 1123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austal Ships Pty Ltd T/A Austal Ships

(AG2023/662)

AUSTAL (AUSTRALIAN OPERATIONS) ENTERPRISE AGREEMENT 2023 - 2027

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 20 APRIL 2023

Application for approval of the Austal (Australian Operations) Enterprise Agreement 2023 - 2027

1. Austal Ships Pty Ltd T/A Austal Ships has applied for approval of an enterprise agreement known as the Austal (Australian Operations) Enterprise Agreement 2023 - 2027 (the Agreement). The Agreement covers the applicant employer together with Austal Service Darwin Pty Ltd (collectively, the Employers).  Ms Heather Kay, Manager of People and Culture of both employers completed a Form F17 for each of the entities seeking to be covered by the Agreement.

1. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  I am satisfied that the Employers are single interest employers pursuant to s.172(5)(b) of the Act on account of being related bodies corporate. The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employers, and as a result, the Employers have provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings. No views were provided.

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover their respective unions. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU, CEPU and AMWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2023.  The nominal expiry date of the Agreement is 20 April 2027.

COMMISSIONER

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Annexure A – Undertakings