DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealanes (1985) Pty Ltd
(AG2018/481)

SEALANES (1985) PTY LTD WAREHOUSING ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2018

Application for approval of the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sealanes (1985) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Shop, Distributive and Allied Employees Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 7 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Sealanes (1985) Pty Ltd sought approval for the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2017. The applicant, an employer in the maritime industry, was a party to a previous enterprise agreement which had expired. The Fair Work Commission was required to determine whether the proposed agreement met the criteria for registration under the Fair Work Act 2009. The dispute primarily involved the procedural fairness in the negotiation process and whether the agreement contained the necessary provisions to be deemed as a genuine enterprise agreement.

The legal issues before the Commission were whether the agreement had been negotiated in good faith, if it provided for a fair and efficient workplace, and if it complied with all legislative requirements for registration. The applicant argued that the agreement had been negotiated fairly and met all legislative standards, while the objector raised concerns about procedural fairness and certain provisions within the agreement. The Commission had to consider these submissions and evidence presented to make a determination on the fairness and validity of the agreement.

The Fair Work Commission found that the agreement had been negotiated in good faith and contained all the mandatory provisions required by the Fair Work Act. The Commission held that there was no evidence of procedural unfairness and that the agreement provided for a fair and efficient workplace. The objector's concerns were not substantiated, and therefore, the Commission approved the agreement for registration. This decision was based on a comprehensive review of the negotiation process and the contents of the agreement, ensuring it met all legal standards.

The final order was that the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2017 be registered under the Fair Work Act 2009, effective from the date of the Commission's decision. The employer was directed to provide a copy of the approved agreement to the Fair Work Ombudsman and to ensure all employees were informed of the agreement's registration. This outcome provided certainty and stability for both the employer and employees in the maritime industry.

Sealanes (1985) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established