BITS Ferry Services Pty Ltd Summary

[2024] FWCA 2604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BITS Ferry Services Pty Ltd

(AG2024/2396)

BITS FERRY SERVICES PTY LTD ENTERPRISE AGREEMENT 2023

Maritime industry
COMMISSIONER LEE	MELBOURNE, 12 JULY 2024

Application for approval of the BITS Ferry Services Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the BITS Ferry Services Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BITS Ferry Services Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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 Construction, Forestry, and Maritime Employees Union and the Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2024. The nominal expiry date of the Agreement is 12 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BITS Ferry Services Pty Ltd applied for approval of the BITS Ferry Services Pty Ltd Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for the employees of the ferry service company, including their wages, hours of work, and other employment-related matters. The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment.

The Commission examined the provisions of the proposed agreement to determine if they met the requirements of the Fair Work Act. It considered whether the agreement provided for a fair and reasonable rate of pay, appropriate hours of work, and adequate leave entitlements. The Commission also assessed whether the agreement included provisions for genuine flexibility and the protection of employees' rights. After reviewing the evidence and submissions from the parties, the Commission determined that the proposed enterprise agreement complied with the Fair Work Act and provided for fair and reasonable terms and conditions of employment.

Accordingly, the Fair Work Commission approved the BITS Ferry Services Pty Ltd Enterprise Agreement 2023. The approved agreement will now govern the employment terms and conditions for the employees of BITS Ferry Services Pty Ltd. The Commission's decision ensures that the employees will receive fair and reasonable pay, appropriate hours of work, and adequate leave entitlements, while also providing for genuine flexibility and the protection of employees' rights.

BITS Ferry Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established