DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealanes (1985) Pty Ltd
(AG2015/6579)

SEALANES (1985) PTY LTD (TRANSPORT) ENTERPRISE AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 NOVEMBER 2015

Application for approval of the Sealanes (1985) Pty Ltd (Transport) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sealanes (1985) Pty Ltd (Transport) Enterprise Agreement 2015 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Transport Workers’ Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 November 2015 and, in accordance with s.54, will operate from 30 November 2015. The nominal expiry date of the Agreement is 23 November 2019.

DEPUTY PRESIDENT

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 (Transport) Enterprise Agreement 2015. The application was made under section 233 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it meets certain criteria, including that it does not discriminate against employees and is not contrary to public policy. The applicant, Sealanes (1985) Pty Ltd, is an employer engaged in the transport industry, and the agreement in question was negotiated with the Maritime Union of Australia. The dispute centred on whether the agreement complied with the legislative requirements and whether it was fair and reasonable in its terms.

The legal issues the Commission needed to resolve were whether the agreement met the standards set out in the Fair Work Act 2009, specifically focusing on the non-discrimination clause and the public policy exception. The Commission examined whether any provisions of the agreement unfairly disadvantaged certain employees, and if any of the terms were contrary to public policy, such as those that could potentially lead to unsafe working conditions or undermine the rights of employees. The analysis involved a detailed review of the agreement's provisions and the evidence presented by the parties.

In delivering its decision, the Commission found that the Sealanes (1985) Pty Ltd (Transport) Enterprise Agreement 2015 was fair and reasonable. The Commission concluded that the agreement did not discriminate against any group of employees and was not contrary to public policy. The agreement was deemed to be in the best interests of the employees and provided appropriate protections and benefits. The Commission approved the agreement, finding it met all necessary criteria under the Fair Work Act 2009. Consequently, the application for approval was successful.

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