National Maritime Services Pty Ltd

[2023] FWCA 156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Maritime Services Pty Ltd

(AG2022/5408)

NATIONAL MARITIME SERVICES LAUNCH AND MOORING OPERATIONS KURNELL ENTERPRISE AGREEMENT 2022

Maritime industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 JANUARY 2023

Application for approval of the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 January 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, National Maritime Services Pty Ltd sought approval for the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2022. The applicant, a maritime services company, proposed to establish a new enterprise agreement for its launch and mooring employees at Kurnell, NSW. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary statutory criteria for approval.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, as required under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement complied with the 'better off overall test' and if it appropriately balanced the interests of the employees and the employer. The Commission also examined if the agreement was made in good faith and if it covered the appropriate bargaining unit.

In evaluating the agreement, the Commission considered various factors including the parties' bargaining positions, the terms and conditions proposed, and the overall impact on the employees. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that addressed the specific needs of the employees in the launch and mooring operations. It found that the agreement was made in good faith and met the better off overall test. The Commission concluded that the proposed agreement provided for fair and reasonable terms and conditions of employment.

Consequently, the Commission approved the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2022. The agreement is now legally binding on the parties and will govern the employment terms of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established