SeaRoad Shipping Pty Ltd

[2013] FWCA 5988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SeaRoad Shipping Pty Ltd
(AG2013/7912)

AIMPE / SEAROAD SHIPPING ENGINEER OFFICERS ENTERPRISE AGREEMENT 2013

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 21 AUGUST 2013

Application for approval of the AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2013 (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 Australian Institute of Marine and Power Engineers, 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.

[4] The Agreement was approved on 21 August 2013 and, in accordance with s.54, will operate from 28 August 2013. The nominal expiry date of the Agreement is 31 July 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, SeaRoad Shipping Pty Ltd and the Australian Maritime Pilots’ Enterprise Agreement 2013 were the subjects of an application for the approval of an enterprise agreement. The application was brought before the Commission by the Australian Maritime Pilots’ Enterprise Agreement 2013. The dispute centred on whether the proposed enterprise agreement complied with the relevant legislative requirements and provided adequate protections for the employees involved. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the appropriate minimum terms and conditions of employment, ensured procedural fairness in its creation, and complied with any other relevant legislative requirements. The Commission had to assess if the agreement adequately covered essential matters such as wages, hours of work, leave provisions, and other employment conditions. Additionally, the Commission needed to ensure that the agreement was not contrary to public policy and did not undermine the protections afforded by the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement was consistent with the statutory requirements and provided adequate protections for the employees. The Commission noted that the agreement included provisions for minimum wages, reasonable hours of work, and appropriate leave entitlements. Furthermore, the agreement was found to have been developed through a process that ensured procedural fairness. The Commission concluded that the agreement did not contravene any public policy considerations and was, therefore, eligible for approval. As a result, the Commission approved the enterprise agreement, allowing it to come into effect as per the terms set out in the document.

The final orders of the Commission were to approve the Australian Maritime Pilots’ Enterprise Agreement 2013, enabling it to be registered and enforced. The agreement was to be binding on SeaRoad Shipping Pty Ltd and its employees, with the terms and conditions outlined within the document taking precedence over any inconsistent provisions in other enterprise agreements or awards. The decision of the Fair Work Commission was intended to provide a stable and fair working environment for the employees of SeaRoad Shipping Pty Ltd, while also ensuring compliance with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established