SeaRoad Shipping Pty Ltd
[2025] FWCA 311
•28 JANUARY 2025
| [2025] FWCA 311 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
SeaRoad Shipping Pty Ltd
(AG2024/5215)
AIMPE / SEAROAD SHIPPING ENGINEER OFFICERS ENTERPRISE AGREEMENT 2024
| Maritime industry | |
| COMMISSIONER PERICA | MELBOURNE, 28 JANUARY 2025 |
Application for approval of the AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2024
An application has been made by SeaRoad Shipping Pty Ltd (the Employer) for approval of an enterprise agreement (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement at clause 1 states “This Agreement shall be known as the “AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2022”. However, its first page displays the name “AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2024” and each other page is headed “AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEER OFFICERS ENTERPRISE AGREEMENT 2024”.
Under s 218A(2)(a), the Commission can, on its own initiative, exercise its power under s 218A(1) to “vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)”. I am satisfied the current title containing “2022” is an obvious error and therefore amend clause 1 of the Agreement to read: “This Agreement shall be known as the “AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2024”. The variation pursuant to s 218A will operate from 4 February 2025.
The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.
Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Australian Institute of Marine and Power Engineers being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
The Agreement is approved today 28 January 2025. It will operate from 4 February 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
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