Coastal Maritime Services Pty Ltd

[2025] FWCA 2239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coastal Maritime Services Pty Ltd

(AG2025/1915)

COASTAL MARITIME SERVICES PTY LTD ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER PERICA	MELBOURNE, 8 JULY 2025

Application for approval of the Coastal Maritime Services Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Coastal Maritime Services Pty Ltd Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met.

The Construction, Forestry, and Maritime Employees’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 8 July 2025. It will operate from 15 July 2025 as required by section 54 of the Act. The nominal expiry date is 8 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coastal Maritime Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement which would apply to its employees. The dispute arose when the company sought to implement certain terms and conditions of employment which were not agreed upon by the employees' union. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions as stipulated by the Act, and whether it complied with procedural fairness requirements. The employees' union argued that several terms were unfair and did not provide for adequate protections.

The Fair Work Commission examined the proposed agreement in detail, focusing on its compliance with the Fair Work Act. The Commission found that while the agreement largely met the statutory requirements, certain terms did not provide for the minimum terms and conditions as required by the Act. Additionally, the Commission noted procedural shortcomings in how the agreement was negotiated and presented. As a result, the Commission decided not to approve the agreement in its current form. The company was given an opportunity to revise the agreement to address these issues.

In its decision, the Commission did not grant approval of the enterprise agreement. It provided detailed reasons for its decision, highlighting the specific terms that did not comply with the Act and the procedural errors identified. The company was directed to address these issues and resubmit the agreement for consideration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established