DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbour City Ferries Pty Limited T/A Harbour City Ferries
(AG2018/6654)

HARBOUR CITY FERRIES OUTER HARBOUR ENGINEERS' AGREEMENT 2018

Port authorities
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 MARCH 2019

Application for approval of the Harbour City Ferries Outer Harbour Engineers' Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Harbour City Ferries Outer Harbour Engineers’ 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 Construction, Forestry, Maritime, Mining and Energy Union and Australian Institute of Marine and Power Engineers 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.

[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

In the Fair Work Commission, Harbour City Ferries Pty Limited, trading as Harbour City Ferries, applied for the approval of the Harbour City Ferries Outer Harbour Engineers' Agreement 2018. The applicant sought to have the agreement registered with the Fair Work Commission to give it effect as a registered agreement. The dispute arose as the agreement was intended to replace an existing agreement that was due to expire, and it was necessary to have the new agreement approved to ensure continuity of employment terms for the affected employees.

The legal issues before the Commission included whether the agreement complied with the relevant legislative provisions, particularly the Fair Work Act 2009, and whether it met the criteria for approval under the Fair Work Regulations 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms, and whether it was made in good faith. Additionally, the Commission assessed whether the agreement was made without any improper conduct, coercion, or pressure, and whether it appropriately covered the relevant employees and the scope of the agreement.

The Commission found that the Harbour City Ferries Outer Harbour Engineers' Agreement 2018 complied with all the necessary legal requirements. It determined that the agreement provided for fair and reasonable terms, was made in good faith, and without any improper conduct. The agreement also appropriately covered the relevant employees and the scope of the agreement. Given these findings, the Commission approved the agreement and registered it with the Fair Work Commission.

The final orders of the Commission were that the Harbour City Ferries Outer Harbour Engineers' Agreement 2018 be approved and registered. This decision ensures that the agreement can now have legal effect and govern the employment terms of the employees covered by the agreement.

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