Engage Marine Pty Ltd

[2025] FWCA 3460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Engage Marine Pty Ltd

(AG2025/3376)

ENGAGE MARINE PTY LTD CAIRNS / MOURILYAN TOWAGE SERVICES UNION COLLECTIVE AGREEMENT 2025

Maritime industry
COMMISSIONER DURHAM	BRISBANE, 15 OCTOBER 2025

Application for approval of the Engage Marine Pty Ltd Cairns / Mourilyan Towage Services Union Collective Agreement 2025

An application has been made for approval of an enterprise agreement known as the Engage Marine Pty Ltd Cairns / Mourilyan Towage Services Union Collective Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Engage Marine Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

On 9 October 2025, the Applicant filed an amended version of the agreement as the agreement lodged contained typographical errors at clauses:

1.3.1;
1.5.2;
2.3.2;
4.8.1.4;
4.14.1;
4.14.5;
4.14.7, and
5.1.2.

I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Australian Maritime Officers' Union (AMOU), Australian Institute of Marine and Power Engineers (AIMPE), Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees’ Union (MUA-CFMEU) lodged their respective Form F18 statutory declaration giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMOU, AIMPE, MUA-CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Engage Marine Pty Ltd, sought approval for the Cairns/Mourilyan Towage Services Union Collective Agreement 2025. The agreement, negotiated between the company and the union, pertains to the employment conditions of towage services personnel operating in the Cairns and Mourilyan regions. The legal issues before the Commission involved the validity and enforceability of the proposed agreement, focusing on whether it complied with the relevant statutory requirements and protected employees' rights as mandated by the Fair Work Act 2009. The central points of contention included the agreement's coverage, its adherence to the national employment standards, and whether it provided adequate protection for employee rights and interests.

The Fair Work Commission undertook a detailed examination of the proposed agreement, considering its compliance with the legislative framework. The Commission assessed whether the agreement appropriately defined the scope of employment covered, ensuring it included all relevant employees and excluded any non-employees. Additionally, the Commission verified that the agreement met the requirements of the national employment standards, such as maximum weekly hours, the right to request flexible working arrangements, and provisions for parental leave and long service leave. The Commission also considered whether the agreement adequately protected employees' rights, including provisions for consultation, dispute resolution, and other protections as required by the Fair Work Act.

After a thorough review, the Commission found that the proposed agreement largely complied with the statutory requirements and provided adequate protection for employees' rights. The agreement was deemed comprehensive in its coverage and included necessary provisions to meet the national employment standards. The Commission highlighted several areas where minor adjustments were required to ensure full compliance, but overall, it concluded that the agreement was fair and balanced. The Commission approved the agreement, subject to the stipulated conditions and modifications, ensuring it aligned with the legislative intent and protected the interests of both employers and employees.

The final orders of the Commission included the approval of the Cairns/Mourilyan Towage Services Union Collective Agreement 2025, with specific conditions and modifications to address the identified compliance issues. The agreement was to be implemented as per the approved terms, with the understanding that any further disputes or amendments would need to adhere to the Fair Work Act and relevant regulations. The Commission's decision provided clarity and legal certainty for both Engage Marine Pty Ltd and the Cairns/Mourilyan Towage Services Union, ensuring the agreement's enforceability and the protection of employees' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established