Odyssey Marine Pty Ltd T/A Odyssey Marine
[2024] FWCA 2627
•16 JULY 2024
| [2024] FWCA 2627 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Odyssey Marine Pty Ltd T/A Odyssey Marine
(AG2024/2462)
ODYSSEY MARINE PTY LTD ENTERPRISE AGREEMENT 2024
| Maritime industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 16 JULY 2024 |
Application for approval of the Odyssey Marine Pty Ltd Enterprise Agreement 2024
Odyssey Marine Pty Ltd T/A Odyssey Marine (the Applicant) has made an application for the approval of an enterprise agreement known as the Odyssey Marine Pty Ltd T/A Odyssey Marine (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, 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.
Pursuant to s 594(1)(c) of the Act, the Applicant applied to the Commission for orders that the following information not be disclosed to any person and is to be kept confidential:
a) entire signature page of the Odyssey Marine Pty Ltd Enterprise Agreement 2024 (the Agreement); and
b) a copy of the original document as filed to remain in a sealed envelope on the Commission file, not to be opened without application to the Commission and notification to the Applicant.
I have considered the submissions made in support of the application under s 594(1)(c) of the Act that the disclosure of the name and contact details of the employee who signed the Agreement, could result in adverse consequences for that individual; namely, that a third party or member of the public may obtain these details and use them for the purpose of infringing the employee’s rights to freedom of association under the Act, or otherwise victimising or intimidating the employee bargaining representative. I have determined that the Agreement that was made, be published, and in so far as is necessary,[1] I exercise my discretion under s 594(1)(c) of the Act to grant an order that the signature page of the Agreement not be disclosed to any person and is to be kept confidential. An Order to that effect issues concurrently with this decision.
The Agreement was approved on 16 July 2024 and, in accordance with s 54, will operate from 23 July 2024. The nominal expiry date of the Agreement is 16 July 2028.
DEPUTY PRESIDENT
[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501 [65] and [68]
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