Sea Swift Pty Ltd T/A Sea Swift Pty Ltd
[2023] FWCA 2377
•31 JULY 2023
| [2023] FWCA 2377 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sea Swift Pty Ltd T/A Sea Swift Pty Ltd
(AG2023/1962)
SEA SWIFT PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2023
| Maritime industry | |
| COMMISSIONER MATHESON | SYDNEY, 31 JULY 2023 |
Application for approval of the Sea Swift Pty Ltd Employee Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Sea Swift Pty Ltd Employee Enterprise Agreement 2023 (Agreement). The application was made by Sea Swift Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17 indicates that the notification time for the Agreement was 1 October 2020. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act relating to genuine agreement in force immediately prior to 6 June 2023.
I observe that clause 6.9.3 of the Agreement relating to public holiday substitution may be inconsistent with the National Employment Standards (NES). However, noting clause 1.5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
“The Australian Institute of Marine and Power Engineers”, “The Australian Maritime Officers’ Union”, and the “Construction, Forestry, Maritime, Mining and Energy Union”, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 July 2027.
COMMISSIONER
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Annexure A
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