DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaRoad Shipping Pty Ltd
(AG2020/2797)

SEAROAD SHIPPING ENTERPRISE AGREEMENT (STEVEDORING) 2020

Stevedoring industry
COMMISSIONER WILSON	MELBOURNE, 19 OCTOBER 2020

Application for approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2020.

[1] An application has been made for approval of an enterprise agreement known as the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2020 (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 Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 22 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SeaRoad Shipping Pty Ltd was involved in an application to the Fair Work Commission (FWC) for the approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2020. This agreement was proposed to govern the employment conditions of stevedores employed by SeaRoad in the stevedoring industry. The FWC was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement contained all the required terms as outlined in the Act, and whether it complied with the procedural requirements for enterprise agreements. Specifically, the FWC had to consider if the agreement satisfied the provisions related to genuine bargaining, disclosure, and the inclusion of certain mandatory terms. Additionally, the FWC needed to ensure that the agreement had been made in good faith and that any protected action taken during the bargaining process was lawful.

In its decision, the FWC evaluated the evidence and submissions presented by both parties. It found that the agreement contained all the necessary terms and complied with the procedural requirements. The FWC concluded that the bargaining process was genuine, and that all mandatory terms were included in the agreement. The Commission also determined that the agreement had been made in good faith. As a result, the FWC approved the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2020, determining that it met all the statutory criteria for approval.

The FWC made an order approving the agreement, which is now legally binding between SeaRoad Shipping Pty Ltd and its stevedore employees. This decision allows the agreement to be implemented, providing a framework for the terms and conditions of employment for the stevedores involved.

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