Odyssey Marine Pty Ltd T/A Odyssey Marine Summary

[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]

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Odyssey Marine Pty Ltd, trading as Odyssey Marine, sought approval of an enterprise agreement under the Fair Work Act 2009. The application was made in the Fair Work Commission, with the Fair Work Commission's decision being subject to review in the Federal Circuit and Family Court of Australia. The nature of the dispute centred around whether the enterprise agreement complied with the statutory requirements and if it was made in good faith. The agreement was contested by the Maritime Union of Australia, which represented the employees, on various grounds, including the adequacy of the negotiation process and the fairness of the terms.

The legal issues before the court involved examining the compliance of the enterprise agreement with the statutory framework and the procedural fairness of the bargaining process. The court had to determine if the agreement met the 'better-off, overall test' as required by the Fair Work Act, and if the negotiation process was conducted in good faith. The court also needed to consider if the agreement contained all the mandatory terms prescribed by the Act and whether the process of making the agreement was fair.

The court found that the enterprise agreement met the statutory requirements under the Fair Work Act. It was determined that the agreement was made in good faith, and it satisfied the 'better- off, overall test'. The negotiation process was found to be fair and transparent, with adequate opportunities provided for the union to engage in discussions. The court approved the enterprise agreement, confirming its compliance with the legal standards and its fairness to the employees. The court's decision was made in favour of Odyssey Marine Pty Ltd, allowing the enterprise agreement to be approved and implemented.

Odyssey Marine Pty Ltd T/A Odyssey Marine

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established