Sealink Queensland Pty Ltd T/A Sealink

[2021] FWCA 7085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealink Queensland Pty Ltd T/A Sealink
(AG2021/8528)

SEALINK NORTH QLD ENTERPRISE AGREEMENT 2021

Marine tourism and charter vessels
COMMISSIONER WILSON	MELBOURNE, 13 DECEMBER 2021

Application for approval of the SeaLink North Qld Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the SeaLink North Qld Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sealink Queensland Pty Ltd T/A Sealink. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 20 December 2021. The nominal expiry date of the Agreement is 13 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sealink Queensland Pty Ltd T/A Sealink sought approval of the SeaLink North Qld Enterprise Agreement 2021, which was submitted to the Fair Work Commission for consideration. The agreement aimed to regulate the terms and conditions of employment for Sealink's employees in North Queensland. The application was brought before the Fair Work Commission, which had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was genuinely agreed upon by the parties, and whether it was in the best interests of the employees. Specifically, the Commission had to assess if the agreement provided for minimum rates of pay, leave entitlements, penalty rates, maximum weekly hours, and other conditions as required by the legislation. Additionally, the Commission had to ensure that the agreement was not contrary to public policy and that it did not unfairly disadvantage any party.

The Commission examined the contents of the agreement and found that it incorporated all the mandatory terms as prescribed by the Fair Work Act. The evidence presented indicated that the agreement was the result of genuine negotiations between Sealink and the relevant unions. The Commission also considered the views of the employees and found that the agreement was in their best interests, providing them with fair and reasonable terms of employment. After thorough deliberation, the Commission approved the SeaLink North Qld Enterprise Agreement 2021, recognising it as meeting all the statutory requirements for approval.

The Fair Work Commission approved the SeaLink North Qld Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the relevant employees until a new agreement was entered into or until the agreement was terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established