DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Curtis Island Services Pty Ltd
(AG2018/3408)

CURTIS ISLAND SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Port authorities
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Curtis Island Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Curtis Island Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Curtis Island Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 29.7 - Notice of termination by an employee;

• Clause 29.2 - Notice of termination of a probationary employee;

• Clause 30.3 – Redundancy.

However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] 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.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Construction, Forestry, Maritime, Mining and Energy Union, the Australian Institute of Marine and Power Engineers 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 organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 2 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Curtis Island Services Pty Ltd sought approval of its 2018 Enterprise Agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The dispute centred on whether the agreement adequately facilitated a productive workplace relationship and whether it was made in good faith. The Commission had to assess the agreement's provisions, considering the nature of the workplace and the parties' bargaining positions. The applicant argued that the agreement was fair and reasonable, while objectors contended that certain provisions were unfair and did not foster a productive relationship.

The Commission examined several key issues, including the process through which the agreement was made, the fairness of its terms, and whether it met the "better off overall test." It considered the extent of employee consultation, the employer's bargaining power, and the overall impact of the agreement on the workforce. The objectors primarily challenged the provisions regarding shift patterns and the definition of 'casual employee', asserting these were overly restrictive and detrimental to employee welfare. The applicant defended these provisions, arguing they were necessary to ensure operational efficiency and fairness in employment conditions.

In its decision, the Commission found that the agreement was made in good faith and facilitated a productive workplace relationship. It noted the extensive consultation process and the balanced nature of the agreement's terms. The Commission determined that the shift patterns and definition of 'casual employee' were reasonable and did not unfairly disadvantage employees. It concluded that the agreement met the better off overall test, as employees would benefit from the improved conditions and protections provided. The Commission approved the 2018 Enterprise Agreement, finding it to be fair and reasonable in all respects.

Curtis Island 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