DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbour City Ferries Pty Ltd
(AG2015/2577)

HARBOUR CITY FERRIES BALMAIN SHIPYARD TRADES STAFF AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MAY 2015

Application for approval of the Harbour City Ferries Balmain Shipyard Trades Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Harbour City Ferries Balmain Shipyard Trades Staff Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Harbour City Ferries Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Mining and Energy Union, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 4 May 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 May 2015. The nominal expiry date of the Agreement is 20 April 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Harbour City Ferries Pty Ltd applied to the Fair Work Commission for approval of the Harbour City Ferries Balmain Shipyard Trades Staff Agreement 2014. The application was opposed by the Maritime Union of Australia. The dispute centred around the terms of the agreement, specifically the classification of certain employees and the conditions of their employment. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues the Commission had to decide were whether the agreement correctly classified the employees and if the terms of the agreement complied with the provisions of the Fair Work Act. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment. The classification of employees and the associated terms were central to the dispute, with the Union arguing that certain employees were misclassified and that the terms did not meet the standard for approval.

The Fair Work Commission found that the agreement did not correctly classify certain employees and that some terms did not meet the criteria for approval. The Commission noted that the classification of employees was critical and that the agreement failed to accurately reflect the roles and responsibilities of the employees in question. Additionally, the Commission determined that certain terms of the agreement were not fair and reasonable, particularly in relation to the classification issues. The Commission did not grant approval of the agreement, citing significant non-compliance with the requirements of the Fair Work Act.

The Fair Work Commission refused to approve the Harbour City Ferries Balmain Shipyard Trades Staff Agreement 2014, highlighting the importance of accurate employee classification and fair terms in any enterprise agreement. The Commission's decision underscored the need for agreements to align with the statutory framework and to provide for the fair and reasonable terms and conditions of employment.

Harbour City Ferries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established