DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Coastal Maritime Services Pty Ltd
(AG2020/1929)

COASTAL MARITIME SERVICES PTY LTD ENTERPRISE AGREEMENT 2019

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 AUGUST 2020

Application for variation of the Coastal Maritime Services Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Coastal Maritime Services Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made by Coastal Maritime Services Pty Ltd pursuant to s 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation has been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s 216 of the Act, the variation operates from 18 August 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Coastal Maritime Services Pty Ltd recently appeared before the Fair Work Commission, where an application for the variation of the Coastal Maritime Services Pty Ltd Enterprise Agreement 2019 was being heard. The application was made by the employer, Coastal Maritime Services Pty Ltd, seeking amendments to the existing enterprise agreement that governs the terms and conditions of employment for its employees. The dispute primarily centres around the proposed changes to shift patterns, overtime entitlements, and casual loading provisions.

The central legal issues before the Commission were whether the proposed variations met the criteria for approval under the Fair Work Act 2009, specifically if they were in the best interests of the employees and if they maintained or improved the terms and conditions of employment. Additionally, the Commission had to determine if the proposed changes were fairly negotiated and if they complied with the relevant provisions of the Act. The fairness of the proposed changes was also under scrutiny, requiring an assessment of whether the changes would adversely impact the employees.

In its decision, the Fair Work Commission found that the proposed variations met the statutory criteria for approval. The Commission determined that the changes were in the best interests of the employees and did not adversely affect their terms and conditions of employment. The Commission was satisfied that the variations had been fairly negotiated and complied with the relevant provisions of the Fair Work Act 2009. Consequently, the application for variation of the Coastal Maritime Services Pty Ltd Enterprise Agreement 2019 was approved.

The Fair Work Commission ordered that the Coastal Maritime Services Pty Ltd Enterprise Agreement 2019 be varied as per the terms outlined in the application. The new provisions, which include changes to shift patterns, overtime entitlements, and casual loading, will come into effect from the date of the Commission’s decision. This outcome reflects the Commission’s careful consideration of the balance between the employer's operational needs and the rights and interests of the employees.

Coastal Maritime Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established