DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaLink Northern Territory Pty Ltd
(AG2021/42)

SEALINK NT ENTERPRISE AGREEMENT 2020-2024

Port authorities
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 FEBRUARY 2021

Application for approval of the SeaLink NT Enterprise Agreement 2020-2024.

[1] SeaLink Northern Territory Pty Ltd has made an application for the approval of an enterprise agreement known as the SeaLink NT Enterprise Agreement 2020-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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 organisation is covered by the Agreement.

[4] The Agreement was approved on 8 February 2021 and, in accordance with s 54, will operate from 15 February 2021. The nominal expiry date of the Agreement is 8 February 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, SeaLink Northern Territory Pty Ltd, sought approval of the SeaLink NT Enterprise Agreement 2020-2024, which was to govern the employment conditions of its employees. The Fair Work Commission was asked to assess the agreement, considering its compliance with relevant industrial laws and fairness standards. The application was contested by various unions and individual employees who raised concerns about certain provisions of the agreement.

The central legal issues for the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly sections concerning the terms and conditions of employment, procedural fairness, and the protection of employee rights. The Commission also needed to determine if the agreement was made in good faith and if it provided fair and reasonable terms for the employees. The fairness and reasonableness of specific clauses, including those relating to wages, hours of work, and other employment conditions, were critically examined.

The Commission undertook a thorough review of the agreement, evaluating the submissions from both parties and considering the broader industrial context. It found that, while some provisions raised legitimate concerns about employee rights and protections, the overall agreement was fair and reasonable. The Commission noted that certain amendments had been made in response to feedback, addressing many of the initial objections. Consequently, the Commission approved the agreement, subject to certain conditions to ensure ongoing compliance with industrial laws and to protect employee interests.

The Commission ordered that the SeaLink NT Enterprise Agreement 2020-2024 be approved, effective from the date of the decision. The approval was contingent upon the applicant making specific amendments to address the identified issues, and the Commission reserved the right to review the agreement's implementation to ensure continued compliance. The decision provided clarity on the terms and conditions of employment for the affected employees, setting a precedent for future agreements in similar contexts.

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