DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kangaroo Island SeaLink Pty Ltd T/A SeaLink Travel Group Ltd
(AG2020/2249)

SEALINK TRAVEL GROUP SOUTH AUSTRALIA FERRY CREW ENTERPRISE AGREEMENT 2019

Maritime industry
COMMISSIONER PLATT	ADELAIDE, 20 AUGUST 2020

Application for approval of the Sealink Travel Group South Australia Ferry Crew Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sealink Travel Group South Australia Ferry Crew Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kangaroo Island SeaLink Pty Ltd T/A SeaLink Travel Group Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 August 2020.

[3] On 13 August 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 14 August 2020. The undertaking deals with the following topic:

• For the duration of the Agreement, the Applicant will not employ trainees.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Construction, Forestry, Maritime, Mining and Energy 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Kangaroo Island SeaLink Pty Ltd, trading as SeaLink Travel Group Ltd, applied for approval of the SeaLink Travel Group South Australia Ferry Crew Enterprise Agreement 2019. The application was brought under section 235 of the Fair Work Act 2009. The applicant submitted that the agreement was a simple, streamlined, and fair agreement that provided for reasonable work arrangements and a fair balance of rights and obligations.

The primary legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act, which stipulates that an enterprise agreement must provide for fair and reasonable terms and conditions. The Commission considered the application of the ‘better off overall test’ under section 232 of the Act, to determine if the agreement was fair and reasonable.

The Commission found that the agreement provided for fair and reasonable terms and conditions, and that the better off overall test was satisfied. The Commission noted that the agreement provided for reasonable work arrangements and a fair balance of rights and obligations. The agreement included provisions for minimum weekly hours, overtime, penalty rates, and leave entitlements, which were consistent with those in similar agreements in the maritime industry. The Commission also found that the agreement provided for the resolution of any future disputes through the Commission's dispute resolution processes.

The Commission approved the SeaLink Travel Group South Australia Ferry Crew Enterprise Agreement 2019, noting that it met the requirements of the Fair Work Act. The Commission did not make any orders under section 237 of the Act, as it found that the agreement did not contain any terms that would be contrary to the public interest. The approval of the agreement is effective from 1 July 2019.

Kangaroo Island SeaLink Pty Ltd T/A SeaLink Travel Group Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established