SeaRoad Shipping Pty Ltd

[2014] FWCA 4249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaRoad Shipping Pty Ltd
(AG2014/1449)

SEAROAD SHIPPING - MUA BASS STRAIT ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CRIBB	MELBOURNE, 26 JUNE 2014

Application for approval of the SeaRoad Shipping - MUA Bass Strait Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SeaRoad Shipping - MUA Bass Strait Enterprise Agreement 2014 (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 Ltd. The agreement is a single-enterprise agreement.

[2] 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 Maritime Union of Australia (MUA) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 26 June 2014 and, in accordance with s.54 of the Act, will operate from 3 July 2014. The nominal expiry date of the Agreement is 2 May 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SeaRoad Shipping Pty Ltd sought approval of an Enterprise Agreement from the Fair Work Commission. The Maritime Union of Australia (MUA) opposed the application, raising concerns about the terms of the proposed agreement. The case was heard by the Fair Work Commission.

The legal issues before the Commission involved assessing whether the proposed Enterprise Agreement complied with the necessary legal and procedural requirements, and whether it met the standard criteria for approval under the Fair Work Act 2009. This included ensuring the agreement was made in good faith and that it did not undermine the protection of employees' rights. The Commission also had to determine if the agreement was in the best interests of the employees.

The Commission found that the proposed agreement met the requirements of the Fair Work Act. The agreement was negotiated in good faith, and the Commission was satisfied that it did not undermine the protection of employees' rights. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and it was in the best interests of the employees. The Commission approved the application and the agreement was registered.

The Fair Work Commission approved the application for approval of the SeaRoad Shipping - MUA Bass Strait Enterprise Agreement 2014, and the agreement was registered. The Commission's decision was based on its finding that the agreement met all necessary legal and procedural requirements and was in the best interests of the employees. The Commission's decision was final and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established