DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbour City Ferries Pty Ltd
(AG2014/8015)

HARBOUR CITY FERRIES OUTER HARBOUR ENGINEERS’ AGREEMENT 2014

Port authorities
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 DECEMBER 2014

Application for approval of the Harbour City Ferries Outer Harbour Engineers’ Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Harbour City Ferries Outer Harbour Engineers’ Agreement 2014 (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 Ltd. The agreement is a single-enterprise agreement.

[2] The Australian Institute of Marine and Power Engineers, being a bargaining representative 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) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Harbour City Ferries Pty Ltd, sought approval for the Harbour City Ferries Outer Harbour Engineers’ Agreement 2014 from the Fair Work Commission. The applicant argued that the agreement was necessary to regulate the terms and conditions of employment for its engineers working on the Outer Harbour Ferries. The applicant contended that the agreement would ensure a safe and efficient operation of the ferry service, particularly in light of the challenging conditions encountered in the Outer Harbour area. The respondent, the Maritime Union of Australia, opposed the application, arguing that the agreement would result in a significant reduction in the terms and conditions of employment for the engineers, including pay rates and leave entitlements. The dispute was heard in the Fair Work Commission, which was required to determine whether the agreement should be approved under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 235 of the Fair Work Act. This section requires that the agreement promotes workplace efficiency and productivity and does not adversely affect the safety of employees. The Commission had to consider whether the proposed changes to the terms and conditions of employment for the engineers would result in a reduction of their pay rates and leave entitlements, and whether these changes would adversely affect their safety and the overall efficiency and productivity of the ferry service. The Commission also had to consider whether the proposed agreement provided for adequate consultation and negotiation between the parties.

In making its decision, the Commission considered the evidence presented by both parties and the relevant legislative framework. The Commission found that the proposed agreement would result in a reduction of the engineers' pay rates and leave entitlements, but that this reduction was necessary to ensure the financial viability of the ferry service. The Commission also found that the proposed agreement provided for adequate consultation and negotiation between the parties and that the changes to the terms and conditions of employment would not adversely affect the safety of the engineers or the overall efficiency and productivity of the ferry service. The Commission concluded that the proposed agreement met the criteria for approval under section 235 of the Fair Work Act and granted the applicant's application for approval of the Harbour City Ferries Outer Harbour Engineers’ Agreement 2014.

The Fair Work Commission approved the Harbour City Ferries Outer Harbour Engineers’ Agreement 2014, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the first day of the month following the registration. The Commission also ordered that the applicant provide the respondent with certain information and documentation in relation to the agreement. The respondent was given the right to apply to the Commission for a review of the approval of the agreement within 12 months of the registration. The Commission's decision was based on its finding that the proposed agreement met the criteria for approval under section 235 of the Fair Work Act and that it would promote workplace efficiency and productivity without adversely affecting the safety of the engineers or the overall efficiency and productivity of the ferry service.

Harbour City Ferries Pty Ltd

DECISION

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