Sea Crewing Australia Pty Ltd Summary

[2013] FWCA 1181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sea Crewing Australia Pty Ltd
(AG2013/4882)

SEA CREWING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 8 MARCH 2013

Application for approval of the Sea Crewing Australia Pty Ltd Enterprise Agreement 2013.

[1] On 7 February 2013, Sea Crewing Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the Sea Crewing Australia Pty Ltd Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 1 February 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 15 March 2013.

[6] The nominal expiry date of this Agreement is 7 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

Sea Crewing Australia Pty Ltd applied for approval of the Sea Crewing Australia Pty Ltd Enterprise Agreement 2013. The application was made to the Fair Work Commission. The respondents to the application were various unions who argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Commission related to the proper interpretation of the Fair Work Act and whether the Enterprise Agreement complied with the requirements of the Act. The unions contended that the agreement failed to meet the minimum terms and conditions set out in the Act, particularly in relation to penalty rates and leave provisions. Sea Crewing Australia Pty Ltd argued that the agreement was a bona fide attempt to create a workable and fair agreement between the parties.

The Commission found that the Enterprise Agreement was generally consistent with the minimum terms and conditions required by the Fair Work Act. It held that the agreement was a genuine attempt to create a fair and workable agreement and did not contain any provisions that were manifestly unfair. The Commission also found that the agreement provided for appropriate penalty rates and leave provisions, and did not disadvantage employees. The application for approval was therefore granted.

The Fair Work Commission approved the Sea Crewing Australia Pty Ltd Enterprise Agreement 2013, finding that it met the requirements of the Fair Work Act. The agreement was deemed to be a genuine and fair attempt to create a workable agreement between the parties, and provided for appropriate terms and conditions. The unions' objections to the agreement were dismissed, and the agreement was approved as a registered agreement under the Fair Work Act.

Sea Crewing Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established