Sea Crewing Australia Pty Ltd

[2016] FWCA 4169

[2016] FWCA 4169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Sea Crewing Australia Pty Ltd
(AG2016/1606)

SEA CREWING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 27 JUNE 2016

Variation of enterprise agreement.

[1] This is an application by Sea Crewing Australia Pty Ltd T/A Westug (Applicant) for approval of a variation of an enterprise agreement.

[2] The enterprise agreement is the Sea Crewing Australia Pty Ltd Enterprise Agreement 2013 (Agreement).

[3] The application is made pursuant to s.210 of the Fair Work Act 2009 (FW Act).

[4] In support of the application, the Applicant has provided:

• Form F23 – Application for approval of variation of an enterprise agreement;



• Form F23A – Employer’s statutory declaration in support of variation of an enterprise agreement;



• signed copy of the varied agreement;



• signed copy of the varied agreement, with a redacted signature of an employee covered by the agreement; and



• copy of the agreement proposed to be varied with track changes.

[5] Pursuant to s.211 of the FW Act, the Agreement is varied as follows.

[6] In subclause 3(a), delete the words “Fair Work Australia (FWA)” and insert in lieu the words “Fair Work Commission (FWC)”.

[7] Insert new subclause 7.1(d) as follows:

“(d) Notwithstanding any other document which may apply to an Employee’s employment, including but not limited to the Employee’s contract of employment and the Company Staff Policy and Procedure Handbook 2013, only the increase in salary set out in clause 7.1(c) will apply to Employees from 30 June 2016 and then for the life of this Agreement.”

[8] Renumber existing subclause 7.1(d) to 7.1(e).

[9] Delete the table in subclause 11.1 Termination with Notice and insert in lieu the following:

Period of continuous service	Period of Notice
During the probation period	1 week
Over the probation period and up to the 1st year of service	2 weeks
More than 1 year but less than 4 years	6 weeks
More than 4 years	8 weeks

[10] Delete subclause 12.1(c) and insert in lieu the following:

“(c) The Employees are bound by the Company’s policies and procedures which may be varied from time to time.”

[11] In subclause 13(d), delete the word “FWA” and insert in lieu the word “FWC”.

[12] In subclause 13(f), delete the word “FWA” and insert in lieu the word “FWC”.

[13] Delete existing Clause 15 Consultation and insert in lieu the following:

“(a) The Company recognises the importance of consultation with Employees on matters that directly affect the Employees in their employment.

(b) The Company will consult with the Employees about any definite decisions taken by the Company that involve:

(1) a major workplace change which is likely to have a significant effect on jobs, the work performed or the way in which work is performed; or

(2) a change to an Employee’s regular roster or hours of work.

(c) An Employee may be represented by a person of their choice in any discussions held under this clause.

(d) Where the change relates to an Employee’s regular roster or ordinary hours of work, the Employer will:

(1) provide information to the Employees about the change;

(2) invite the Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

(3) consider any views given by the Employees about the impact of the change.”

[14] A majority of employees who cast a valid vote, voted to approve the variations on 20 June 2016.

[15] The variations are operative from 27 June 2016.

[16] A redacted consolidated version of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

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