SeaRoad Shipping Pty Limited

[2023] FWCA 2997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SeaRoad Shipping Pty Limited

(AG2023/3149)

SEAROAD SHIPPING PTY LIMITED / AUSTRALIAN MARITIME OFFICERS UNION DECK OFFICERS ENTERPRISE AGREEMENT 2022

Maritime industry
DEPUTY PRESIDENT DEAN	CANBERRA, 15 SEPTEMBER 2023

Application for approval of the SeaRoad Shipping Pty Limited / Australian Maritime Officers Union Deck Officers Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the SeaRoad Shipping Pty Limited / Australian Maritime Officers Union Deck Officers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SeaRoad Shipping Pty Limited. The Agreement is a single enterprise agreement.

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.

The Australian Maritime Officers Union, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2023. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from SeaRoad Shipping Pty Limited for the approval of the SeaRoad Shipping Pty Limited/Australian Maritime Officers Union Deck Officers Enterprise Agreement 2022. The applicant, SeaRoad Shipping Pty Limited, sought to have the enterprise agreement, which had been negotiated between the applicant and the Australian Maritime Officers Union, approved. The nature of the dispute was the validity and appropriateness of the terms and conditions set forth in the agreement for the employees of SeaRoad Shipping Pty Limited.

The legal issues before the court required careful consideration of the statutory provisions under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement complied with the requirements of section 230 of the Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions. Furthermore, the court examined whether the agreement met the procedural requirements for registration as stipulated in section 231 of the Act, including whether the agreement was negotiated in good faith and whether it was appropriately certified by the relevant union.

The court meticulously reviewed the evidence presented and the arguments from both parties. It assessed the fairness and reasonableness of the terms of the agreement, considering factors such as the nature of the work, the bargaining power of the parties, and the overall impact on the employees. The court also evaluated the negotiation process and the certification by the union to ensure compliance with the statutory requirements. Ultimately, the court found that the agreement met all necessary criteria and was fair and reasonable for the employees. Consequently, the court approved the SeaRoad Shipping Pty Limited/Australian Maritime Officers Union Deck Officers Enterprise Agreement 2022.

As a result of the court's decision, the agreement was registered under the Fair Work Act 2009, making it legally binding between SeaRoad Shipping Pty Limited and its employees covered by the agreement. The terms and conditions specified in the enterprise agreement would now govern the employment relationship between the parties, providing a clear framework for their rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established