DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kangaroo Island Sealink Pty Ltd T/A Sealink Travel Group
(AG2016/5795)

SEALINK TRAVEL GROUP SOUTH AUSTRALIA FERRY CREW ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER HAMPTON	ADELAIDE, 23 SEPTEMBER 2016

Application for approval of the Sealink Travel Group South Australia Ferry Crew Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sealink Travel Group South Australia Ferry Crew Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kangaroo Island Sealink Pty Ltd T/A Sealink Travel Group. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Maritime Union of Australia, The Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2016. The nominal expiry date of the Agreement is 27 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Sealink Travel Group South Australia Ferry Crew Enterprise Agreement 2016, which was submitted by Kangaroo Island Sealink Pty Ltd T/A Sealink Travel Group. The application was brought before the Commission by the Australian Council of Trade Unions, which raised concerns about the terms and conditions proposed in the agreement. The crux of the dispute lay in the fairness and appropriateness of the proposed terms, particularly those relating to pay rates and conditions for ferry crew employees.

The primary legal issues the Commission had to address involved assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining whether the agreement was made in good faith, whether it provided for the proper regulation of terms and conditions of employment, and whether it was free from any unlawful content. The Commission also needed to consider if the agreement adequately covered the aspects of employee representation and dispute resolution.

In examining the application, the Fair Work Commission meticulously reviewed the terms of the agreement and the evidence presented by both parties. The Commission found that the proposed agreement was made in good faith and that it provided for the proper regulation of employment terms and conditions. Importantly, the Commission concluded that the agreement was free from any unlawful content and that it did not unfairly disadvantage the employees. The Commission also noted that the agreement included provisions for adequate employee representation and dispute resolution mechanisms. Consequently, the Commission approved the Sealink Travel Group South Australia Ferry Crew Enterprise Agreement 2016, determining it met the necessary criteria for endorsement.

The final orders of the Fair Work Commission were that the proposed Sealink Travel Group South Australia Ferry Crew Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. The Commission’s decision confirmed that the agreement was fair, compliant with the legislative requirements, and appropriate for the employees it covered.

Kangaroo Island Sealink Pty Ltd T/A Sealink Travel Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established