DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaLink QLD Pty Ltd T/A SeaLink QLD
(AG2017/253)

SEALINK QLD ENTERPRISE AGREEMENT 2016-2020

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2017

Application for approval of the SeaLink Qld Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the SeaLink Qld Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SeaLink QLD Pty Ltd T/A SeaLink QLD. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2017. The nominal expiry date of the Agreement is 8 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, SeaLink QLD Pty Ltd trading as SeaLink QLD, sought approval of the SeaLink Qld Enterprise Agreement 2016-2020 from the Fair Work Commission. The dispute arose between SeaLink, the employer, and the Maritime Union of Australia, the employee representative, regarding the terms and conditions of employment for the employees. The matter was heard in the Fair Work Commission, which has jurisdiction over such employment disputes.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith, was free from coercion and undue influence, and complied with the procedural requirements for enterprise agreements. Another issue was whether the agreement satisfied the "better off overall test" which requires that the employees be at least as well off under the new agreement as they would be under their existing awards or agreements.

In delivering its decision, the Commission examined the evidence and submissions from both parties. It found that the agreement was made in good faith, free from coercion and undue influence, and complied with the procedural requirements. The Commission also determined that the agreement satisfied the "better off overall test" as it provided for improved wages, conditions, and other benefits for the employees. Consequently, the Commission approved the SeaLink Qld Enterprise Agreement 2016-2020.

The Fair Work Commission's approval of the enterprise agreement ensures that the terms and conditions of employment for the employees are legally binding and enforceable. The decision sets a precedent for future enterprise agreements in the maritime industry and provides clarity on the requirements for approval under the Fair Work Act 2009.

SeaLink QLD Pty Ltd T/A SeaLink QLD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established