DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaRoad Shipping Pty Limited
(AG2020/1924)

SEAROAD SHIPPING PTY LIMITED / AUSTRALIAN MARITIME OFFICERS UNION DECK OFFICERS ENTERPRISE AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 JULY 2020

Application for approval of the SeaRoad Shipping Pty Limited / Australian Maritime Officers Union Deck Officers Enterprise Agreement 2018.

[1] SeaRoad Shipping Pty Limited has applied for approval of a single enterprise agreement known as the SeaRoad Shipping Pty Limited / Australian Maritime Officers Union Deck Officers Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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 Australian Maritime Officers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 20 July 2020 and, in accordance with s.54, will operate from 27 July 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SeaRoad Shipping Pty Limited, an employer, applied to the Fair Work Commission for approval of the SeaRoad Shipping Pty Limited / Australian Maritime Officers Union Deck Officers Enterprise Agreement 2018. The Australian Maritime Officers Union, representing the employees, opposed the application. The dispute centred around the fairness and compliance of the agreement with the relevant industrial laws. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue was whether the agreement contained all the required terms and conditions, and whether it complied with the Fair Work Act 2009. The commission needed to consider whether the agreement was genuinely negotiated and whether it provided for minimum rates of pay, entitlements, and conditions that were no worse than those provided by the relevant awards. Additionally, the commission had to assess if the agreement was procedurally sound, ensuring that the bargaining process was fair and transparent.

The Fair Work Commission found that the agreement contained all the required terms and conditions and was procedurally sound. The commission determined that the agreement provided for minimum rates of pay, entitlements, and conditions that were no worse than those provided by the relevant awards. The commission also found that the agreement was genuinely negotiated between the parties. Consequently, the commission approved the agreement, finding it met all the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the SeaRoad Shipping Pty Limited / Australian Maritime Officers Union Deck Officers Enterprise Agreement 2018. The approval ensures that the agreement is legally binding and enforceable, providing certainty and stability to both the employer and the employees. The decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and comply with the relevant industrial laws.

SeaRoad Shipping Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established