DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaRoad Shipping Pty Ltd
(AG2018/1189)

AIMPE/SEAROAD SHIPPING ENGINEER OFFICERS ENTERPRISE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JULY 2018

Application for approval of the AIMPE/SeaRoad Shipping Engineer Officers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AIMPE/SeaRoad Shipping Engineer Officers Enterprise Agreement 2017 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 July 2018 and, in accordance with s.54, will operate from 12 July 2018. The nominal expiry date of the Agreement is 1 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SeaRoad Shipping Pty Ltd was the subject of an application for the approval of the AIMPE/SeaRoad Shipping Engineer Officers Enterprise Agreement 2017. The application was made to the Fair Work Commission. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant, SeaRoad Shipping Pty Ltd, sought to have the agreement approved as a certified agreement, which would provide it with a measure of legal enforceability and protection from certain types of legal action.

The legal issues before the Commission included whether the agreement had been genuinely bargained between the employer and the employees, and whether the agreement contained all the mandatory terms prescribed by the Fair Work Act. Furthermore, the Commission had to consider whether the agreement was likely to provide for the efficient and productive operation of the enterprise. The applicant argued that the agreement was fair and reasonable, while the respondent contended that certain provisions did not comply with the statutory requirements.

In evaluating the agreement, the Commission examined the process of negotiation, the content of the agreement, and its potential impact on the operation of the enterprise. The Commission determined that the agreement had been genuinely negotiated and contained all the mandatory terms required by the Act. The Commission also found that the agreement was likely to facilitate the efficient and productive operation of SeaRoad Shipping Pty Ltd. Therefore, the Fair Work Commission approved the AIMPE/SeaRoad Shipping Engineer Officers Enterprise Agreement 2017.

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