P&O Maritime Services Pty Limited T/A P&O Maritime

[2025] FWCA 372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

P&O Maritime Services Pty Limited T/A P&O Maritime

(AG2025/2)

P&O MARITIME WUNMA ENTERPRISE AGREEMENT 2023

Maritime industry
COMMISSIONER DURHAM	BRISBANE, 30 JANUARY 2025

Application for approval of the P&O Maritime Wunma Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the P&O Maritime Wunma Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P&O Maritime Services Pty Limited T/A P&O Maritime (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Maritime Officers Union (AMOU) and the Australian Institute of Marine & Power Engineers (AIMPE) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMOU and AIMPE.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, P&O Maritime Services Pty Limited, trading as P&O Maritime, applied for the approval of the P&O Maritime Wunma Enterprise Agreement 2023 by the Fair Work Commission. The dispute centred around the terms of the enterprise agreement, particularly concerning the employment conditions of the workforce. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The legal issues before the Commission included whether the agreement provided for the fair and reasonable terms of employment, as required by section 230 of the Fair Work Act 2009. The Commission also considered whether the agreement complied with the procedural requirements for enterprise agreements, including proper bargaining and notification processes. Additionally, the fairness of the terms and conditions, including pay rates, working hours, and leave entitlements, was scrutinised to ensure they were not detrimental to the employees.

In its decision, the Fair Work Commission found that the P&O Maritime Wunma Enterprise Agreement 2023 met the necessary legal criteria. The Commission was satisfied that the agreement was the product of genuine and proper bargaining and that it contained fair and reasonable terms of employment. The Commission also determined that the procedural requirements had been adhered to, and the terms and conditions were not detrimental to the employees. As a result, the Commission approved the enterprise agreement, confirming its compliance with the relevant statutory requirements.

The Fair Work Commission's final orders included the approval of the P&O Maritime Wunma Enterprise Agreement 2023, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the workforce as outlined in the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established