DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaRoad Shipping Pty Ltd
(AG2021/6192)

AIMPE / SEAROAD SHIPPING ENGINEER OFFICERS ENTERPRISE AGREEMENT 2018

Maritime industry
COMMISSIONER LEE	MELBOURNE, 26 JULY 2021

Application for approval of the AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 22.2.4 – Study Allowance.

However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by SeaRoad Shipping Pty Ltd for the approval of the AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2018. The Australian Industrial Magistrates and Professional Employees' Association (AIMPE) represented the interests of the engineers employed by SeaRoad Shipping. The primary issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a genuine enterprise agreement and if it contained the necessary minimum terms and conditions as prescribed by the Act.

The Fair Work Commission examined the evidence presented by both parties and the content of the proposed agreement. The Commission assessed whether the agreement was made in good faith and if it genuinely represented the terms and conditions of employment for the engineer officers. The Commission also considered if the agreement provided for the minimum entitlements as stipulated by the Fair Work Act, including minimum wages, penalty rates, leave entitlements, and other conditions of employment. The focus was on ensuring that the agreement was fair and reasonable for the employees and did not unfairly disadvantage any party.

After thorough deliberation, the Fair Work Commission found that the AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2018 was a genuine enterprise agreement that met the statutory requirements. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment, including all the minimum entitlements required by the Act. The agreement was deemed to be in the best interests of the employees and the employer, thus fulfilling the criteria for approval under the Fair Work Act. Consequently, the application for the approval of the enterprise agreement was successful.

SeaRoad Shipping Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established