Engage Towage Sydney Pty Ltd

[2024] FWCA 1545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Engage Towage Sydney Pty Ltd

(AG2024/1199)

ENGAGE TOWAGE SYDNEY PTY LTD TOWAGE SERVICES COLLECTIVE AGREEMENT 2024

Maritime industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 APRIL 2024

Application for approval of the Engage Towage Sydney Pty Ltd Towage Services Collective Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Engage Towage Sydney Pty Ltd Towage Services Collective Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Engage Towage Sydney Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 19 April 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Marine Towage Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisations

The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

a)Australian Institute of Marine and Power Engineers (AIMPE);

b)Australian Maritime Officers’ Union (AMOU); and

c)Construction, Forestry and Maritime Employees Union (MUA)

In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

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

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Engage Towage Sydney Pty Ltd, applied to the Fair Work Commission for approval of the Engage Towage Sydney Pty Ltd Towage Services Collective Agreement 2024. The dispute arose between the employer and the Maritime Union of Australia, the union representing the employees. The Fair Work Commission heard and decided on the application.

The primary legal issue before the Commission was whether the proposed agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine if the agreement had been fairly negotiated, whether it met the good faith bargaining requirements, and if it complied with all necessary provisions under the Act. Additionally, the Commission assessed if the agreement provided for the appropriate terms and conditions, including wages and other employment benefits.

The Commission found that the agreement had been fairly negotiated and met the good faith bargaining requirements. It concluded that the proposed agreement complied with all necessary provisions under the Act and provided for appropriate terms and conditions. The Commission approved the agreement, noting its compliance with the relevant statutory requirements and its fair and reasonable nature for both parties.

The final order was the approval of the Engage Towage Sydney Pty Ltd Towage Services Collective Agreement 2024, which will now be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established