DECISION

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

SeaRoad Shipping Pty Ltd
(AG2015/1157)

SEAROAD SHIPPING ENTERPRISE AGREEMENT (STEVEDORING) 2014

Stevedoring industry
COMMISSIONER HAMPTON	ADELAIDE, 1 JUNE 2015

Application for approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2014.

[1] An application has been made for approval of an enterprise agreement known as the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SeaRoad Shipping Pty Ltd. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In so finding, I note that the employees were originally advised by the employer of the nature and timing of the employee ballot on 22 April 2015 and that this meets the requirements of s.180(3) of the Act.

[4] The Maritime Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2015. The nominal expiry date of the Agreement is 22 May 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SeaRoad Shipping Pty Ltd, a shipping company, sought approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2014 from the Fair Work Commission. The dispute involved the terms of employment for stevedoring employees under the proposed agreement. The case was heard by the Fair Work Commission, a federal tribunal in Australia, which has the authority to approve, reject, or make modifications to enterprise agreements.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms of employment, and if it complied with the procedural requirements for registration. The Commission also had to consider whether the agreement met the "better off overall test" for employees, ensuring they were not disadvantaged by the new terms.

In examining the agreement, the Commission found that it was procedurally valid and provided for fair and reasonable terms of employment. The agreement included provisions for wages, conditions, and dispute resolution, which the Commission determined were consistent with the principles of the Act. Furthermore, the Commission was satisfied that the agreement met the better off overall test for employees, as it provided for improved conditions and protections compared to the existing award. Consequently, the Commission approved the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2014, finding it to be in compliance with the relevant legislation.

The Fair Work Commission's decision was final and binding, with no further appeal possible on the merits of the agreement. The approved enterprise agreement now governs the employment terms for stevedoring employees of SeaRoad Shipping Pty Ltd.

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