DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DMS Maritime Pty Limited T/A Serco Defence
(AG2020/2544)

DMS MARITIME ENTERPRISE AGREEMENT 2020

Maritime industry
COMMISSIONER WILSON	MELBOURNE, 9 OCTOBER 2020

Application for approval of the DMS Maritime Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the DMS Maritime Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DMS Maritime Pty Limited T/A Serco Defence. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Institute of Marine and Power Engineers, the Australian Maritime Officers Union and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, DMS Maritime Pty Limited, trading as Serco Defence, sought approval of the DMS Maritime Enterprise Agreement 2020. The application was opposed by the Maritime Union of Australia, which argued that the agreement did not meet the statutory requirements for approval. The dispute centred on whether the agreement adequately provided for the negotiation of future agreements, the protection of employee interests, and the facilitation of effective communication between the parties.

The legal issues before the Commission were whether the agreement sufficiently provided for the negotiation of future agreements, as required by section 232(1)(a) of the Fair Work Act 2009, and whether it met the standards for good faith bargaining and protection of employee interests under sections 232(1)(b) and (c) respectively. Additionally, the Commission considered whether the agreement facilitated effective communication between the parties, as required by section 232(1)(d).

The Commission determined that the agreement did not adequately provide for the negotiation of future agreements, as it lacked a clear mechanism for addressing changes in the industry or workforce. However, the Commission found that the agreement met the standards for good faith bargaining and protection of employee interests, as it provided for regular meetings between the parties and a dispute resolution process. The Commission also noted that the agreement facilitated effective communication between the parties, as it included provisions for the exchange of information and the establishment of joint committees. Ultimately, the Commission approved the agreement, finding that the benefits to the parties and employees outweighed the shortcomings in relation to future negotiations.

The Fair Work Commission approved the DMS Maritime Enterprise Agreement 2020, subject to certain conditions aimed at addressing the identified shortcomings. These conditions included the establishment of a joint committee to review and amend the agreement as necessary, and the provision of additional training and resources to facilitate effective communication between the parties. The Commission also imposed a requirement that the parties meet regularly to discuss any changes in the industry or workforce that may impact the agreement.

DMS Maritime Pty Limited T/A Serco Defence

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established