DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaLink Tasmania Pty Ltd T/A SeaLink Travel Group Limited
(AG2021/5884)

SEALINK TASMANIA FERRY CREW ENTERPRISE AGREEMENT 2021 - 2025

Maritime industry
COMMISSIONER YILMAZ	MELBOURNE, 21 JULY 2021

Application for approval of the SeaLink Tasmania Ferry Crew Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the SeaLink Tasmania Ferry Crew Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SeaLink Tasmania Pty Ltd T/A SeaLink Travel Group Limited. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and in accordance with s.54, will operate from 28 July 2021. The nominal expiry date of the Agreement is 20 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were SeaLink Tasmania Pty Ltd, trading as SeaLink Travel Group Limited, and various unions representing the employees of SeaLink. The dispute centred around the application for approval of the SeaLink Tasmania Ferry Crew Enterprise Agreement 2021-2025. This matter was heard in the Fair Work Commission, which has jurisdiction over employment agreements and industrial relations issues in Australia.

The legal issues before the court were primarily concerned with whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, provided for the proper classification of employees, and ensured that the employees were not disadvantaged by the terms of the agreement. Additionally, the court examined whether the agreement complied with the "better off overall test," which requires that employees be no worse off financially than they would be under the existing award.

In reaching its decision, the court considered extensive submissions from both the employer and the unions, along with relevant legal precedents. The court found that the proposed agreement was made in good faith and that it appropriately classified the employees. Furthermore, the court determined that the agreement satisfied the better off overall test, as employees would receive a mix of financial and non-financial benefits that outweighed any potential disadvantages. Consequently, the court approved the SeaLink Tasmania Ferry Crew Enterprise Agreement 2021-2025, finding it to be fair and reasonable.

As a result of the court's decision, the SeaLink Tasmania Ferry Crew Enterprise Agreement 2021-2025 was approved and is now in effect. This agreement sets out the terms and conditions of employment for the relevant employees, including wages, hours of work, and other employment-related matters. The approval of this agreement ensures that both the employer and the employees are bound by the terms set forth in the agreement, providing a framework for their industrial relationship moving forward.

SeaLink Tasmania Pty Ltd T/A SeaLink Travel Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established