DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealink Northern Territory Pty Ltd
(AG2020/1178)

COMMISSIONER PLATT

ADELAIDE, 2 JUNE 2020

Application for approval of the SeaLink NT Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the SeaLink NT Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SeaLink Northern Territory Pty Ltd (SeaLink). The agreement is a single enterprise agreement.

[2] On 27 May 2020, I issued a Decision 1 expressing my concern that I could not be satisfied on the material provided, including an undertaking, that all employees that would be covered by the Agreement would be better off overall as required by s.186(2)(d) of the Act.

[3] The Applicant was provided until 4.00pm 1 June 2020 to provide an amended undertaking and has elected not to do so.

[4] On the basis of the reasons provided in my previous Decision, 2 the application is therefore dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2020] FWC 2744

2 Ibid

CaseChat Overview and Summary

The case involved Sealink Northern Territory Pty Ltd, a transport company, and the Maritime Union of Australia, the representative for the employees. The union brought an application seeking approval of the SeaLink NT Enterprise Agreement 2019 - 2023. The application was heard in the Fair Work Commission, a tribunal responsible for regulating the workplace relations system in Australia. The primary focus of the case was on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved the assessment of the enterprise agreement's compliance with the statutory provisions. The Commission had to consider whether the agreement provided for the minimum terms and conditions of employment, including fair rates of pay, hours of work, and leave entitlements. Additionally, the Commission needed to ensure the agreement was free from any invalid provisions that could undermine its enforceability. The union argued that the agreement adequately met the legal requirements, while Sealink Northern Territory Pty Ltd contended that certain provisions were not in compliance.

The Commission found that while the agreement contained provisions that met the statutory requirements, there were specific clauses that needed to be revised or removed to ensure full compliance. The union was required to amend the agreement to address these issues. Once the changes were made, the Commission approved the amended SeaLink NT Enterprise Agreement 2019 - 2023, finding it to be compliant with the Fair Work Act 2009. The Fair Work Commission ordered that the union submit the amended agreement to Sealink Northern Territory Pty Ltd for their acceptance, and upon their acceptance, the agreement would come into effect.

Sealink Northern Territory 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