Kordia Pty Ltd

[2022] FWCA 3895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kordia Pty Ltd

(AG2022/4395)

Kordia Maritime Enterprise Agreement 2021

Telecommunications services
COMMISSIONER MCKINNON	SYDNEY, 8 NOVEMBER 2022

Application for approval of the Kordia Maritime Enterprise Agreement 2021

Kordia Pty Ltd has applied for approval of a single enterprise agreement known as the Kordia Maritime Enterprise Agreement 2021 (the Agreement).

The requirement to provide employees with notice of the time, place and voting method for approval of the Agreement has not been met. This is because there were not at least seven clear days between the giving of the notice and the vote to approve the Agreement. The Applicant has explained the error and the circumstances in which it occurred. Having regard to that explanation, as well as the number of employees who participated in the vote for the Agreement, I am satisfied in the circumstances that the error was a minor procedural error that is not likely to have disadvantaged any employee. The voting outcome would not have been affected by the error.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 15 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Kordia Pty Ltd and the Maritime Union of Australia (MUA). Kordia is a company engaged in the maritime industry, while the MUA is a trade union representing maritime workers. The dispute centred around the approval of the Kordia Maritime Enterprise Agreement 2021. The Fair Work Commission (FWC) was the court that heard and decided this matter.

The primary legal issue was whether the proposed enterprise agreement was in the best interests of the employees, considering the economic context and the provisions of the Fair Work Act 2009. The MUA argued that certain provisions of the agreement were not in the employees' best interests, particularly those related to pay and conditions. Kordia, on the other hand, contended that the agreement was fair and balanced, reflecting the current economic environment and the company's financial constraints.

The FWC carefully examined the evidence and submissions from both parties. The Commission found that while some aspects of the agreement did not favour the employees, the overall terms were reasonable and necessary in light of the economic challenges faced by Kordia. The FWC concluded that the agreement was fair and in the best interests of the employees, taking into account the broader economic context. Consequently, the FWC approved the Kordia Maritime Enterprise Agreement 2021.

The final order of the FWC was that the Kordia Maritime Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. This decision was based on the FWC's determination that the agreement, despite some provisions that were not advantageous to the employees, was fair and balanced, considering the economic environment and the company's financial constraints.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established