Australian Maritime Officers Union v Sydney Ferries Corporation

The Australian Maritime Officers Union brought a case against the Sydney Ferries Corporation before the court. The dispute centred on the interpretation and enforcement of a specific clause within the 2006 – 2008 Maritime Officers Enterprise Agreement, specifically clause 12.8.9. The Union argued that the clause contained prohibited content under section 358 of the Workplace Relations Act 1996 (Cth) and that the Corporation had failed to insure its maritime officers for income protection in respect of long term illness or injury, thus breaching the agreement.

The court was required to determine two key issues: whether subclause 12.8.9 of the Enterprise Agreement contained prohibited content and whether the Corporation had breached this provision by failing to insure its maritime officers for income protection. The court needed to interpret the relevant sections of the Act and the terms of the Enterprise Agreement to resolve these issues.

The court found that subclause 12.8.9 did not contain prohibited content, as defined by the Act. It further determined that the Corporation had indeed breached the provision by not insuring its maritime officers for income protection in cases of long term illness or injury. The court emphasised that the breach was self-admitted by the Corporation. The matter was remitted to the trial judge to determine the appropriate penalty for the breach of the provision.

The court’s orders included upholding the appeal, setting aside the previous order of the trial judge, and declaring that the clause in question did not contain prohibited content. Additionally, it was declared that the Corporation had breached the provision by failing to insure its maritime officers for income protection. The matter was remitted to the trial judge to decide on the appropriate penalty for this breach.