Australian Maritime Safety Authority

[2024] FWCA 2582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Maritime Safety Authority

(AG2024/2434)

AUSTRALIAN MARITIME SAFETY AUTHORITY ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JULY 2024

Application for approval of the Australian Maritime Safety Authority Enterprise Agreement 2024-2027

The Australian Maritime Safety Authority has applied under s 185 of the Fair Work Act 2009 (Act) for approval of an enterprise agreement, the Australian Maritime Safety Authority Enterprise Agreement 2024-2027 (the Agreement).

I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’. The Agreement provides numerous terms of employment that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms comfortably outweigh the few terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement.

The Community and Public Sector Union (CPSU) and the Australian Institute of Marine and Power Engineers (AIMPE) have given notice under s 183 that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the CPSU and the AIMPE.

The Agreement was approved on 11 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Australian Maritime Safety Authority (AMSA) and various unions representing maritime workers. The dispute centred on the approval of the Australian Maritime Safety Authority Enterprise Agreement 2024-2027. The Fair Work Commission was the tribunal that heard the matter. The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it contained the minimum terms and conditions as prescribed by the Fair Work Act. Furthermore, the Commission had to consider whether the agreement was made in good faith and whether it facilitated the efficient operation of the enterprise.

The Commission began by examining the procedural aspects of the agreement, determining that the bargaining process was conducted in good faith and involved all relevant parties. The Commission then assessed the substantive provisions of the agreement against the minimum terms and conditions set out in the Fair Work Act. It found that the proposed agreement contained all the mandatory minimum terms and conditions and did not unfairly disadvantage any employee. The Commission also considered the overall fairness of the agreement, taking into account the need for a cooperative and productive workplace. In its reasoning, the Commission emphasised the importance of maintaining a balance between the interests of the employer and the employees, ensuring that the agreement facilitated the efficient operation of the enterprise.

Following its analysis, the Commission approved the Australian Maritime Safety Authority Enterprise Agreement 2024-2027. The decision was made on the basis that the agreement complied with the statutory requirements and was fair and reasonable. The Commission noted that the agreement provided for a balanced approach to the rights and obligations of both parties, which would help to maintain a stable and productive working environment. The final orders of the Commission were that the agreement be approved as a registered agreement, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established