DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbour City Ferries Pty Limited T/A Harbour City Ferries
(AG2018/6308)

HARBOUR CITY FERRIES MARITIME AGREEMENT 2018

Port authorities
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 MARCH 2019

Application for approval of the Harbour City Ferries Maritime Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Harbour City Ferries Maritime 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 Harbour City Ferries Pty Limited T/A Harbour City Ferries. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Maritime Officers Union, Australian Institute of Marine and Power Engineers, Construction, Forestry, Mining and Energy Union (Maritime Union of Australian Division) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Harbour City Ferries Pty Limited, trading as Harbour City Ferries, for the approval of the Harbour City Ferries Maritime Agreement 2018. This application was lodged with the Fair Work Commission, a federal workplace relations tribunal in Australia. The agreement in question pertained to the terms and conditions of employment for certain employees of Harbour City Ferries who were covered by the maritime award. The primary dispute centred around the procedural fairness of the Commission's earlier decision to disallow the agreement, and Harbour City Ferries sought to have this decision reviewed and overturned.

The central legal issues before the Commission were whether the initial decision to disallow the agreement was fair and lawful, and if the agreement itself met the necessary requirements under the Fair Work Act 2009. Specifically, the court had to determine if the Commission properly exercised its discretion when it disallowed the agreement, and whether the agreement complied with the relevant statutory provisions. This included examining the process followed by the Commission, the evidence considered, and the reasons provided for disallowing the agreement.

The Commission found that the initial decision to disallow the agreement was flawed due to procedural unfairness. It determined that the process followed by the Commission was not compliant with the principles of natural justice and procedural fairness. The Commission held that it had failed to adequately consider certain aspects of the agreement and did not provide the parties with an opportunity to respond to critical issues. Consequently, the Commission approved the Harbour City Ferries Maritime Agreement 2018, setting aside its earlier decision. The Commission emphasised that the agreement met the necessary requirements under the Fair Work Act and was in the best interests of the employees.

No additional orders were made beyond the approval of the maritime agreement. The decision marked a significant procedural victory for Harbour City Ferries and highlighted the importance of procedural fairness in administrative decision-making processes.

Harbour City Ferries Pty Limited T/A Harbour City Ferries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established