SeaRoad Shipping Pty Ltd T/A SeaRoad

[2024] FWCA 447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SeaRoad Shipping Pty Ltd T/A SeaRoad

(AG2024/61)

SEAROAD SHIPPING ENTERPRISE AGREEMENT (STEVEDORING) 2023

Stevedoring industry
COMMISSIONER WILSON	MELBOURNE, 1 FEBRUARY 2024

Application for approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2023

An application has been made for approval of an enterprise agreement known as the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2023 (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 T/A SeaRoad. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2024. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, SeaRoad Shipping Pty Ltd, trading as SeaRoad, applied for the approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2023. The dispute arose due to the need for the Fair Work Commission to approve the proposed agreement, which aimed to regulate the employment terms and conditions of the stevedoring employees within SeaRoad's operations. The Commission was required to ensure that the agreement met the criteria set out in the Fair Work Act 2009, particularly concerning its compliance with the 'better off overall test'.

The primary legal issue before the court was whether the proposed agreement could be approved under the Fair Work Act, given that it appeared to provide better terms and conditions for the employees than those provided by the relevant award. The court had to determine if the agreement satisfied the statutory requirements, including whether it was genuinely negotiated, and whether it was free from any unfair or unreasonable terms that might undermine the rights of the employees.

In reaching its decision, the Commission examined the negotiation process and the terms of the proposed agreement in detail. It was found that the agreement had been genuinely negotiated between the employer and the employees' representative. Furthermore, the Commission concluded that the agreement provided employees with terms and conditions that were, on balance, better than those provided by the award. This included provisions on wages, working hours, and other employment conditions that the Commission deemed to be fair and reasonable. Consequently, the Commission approved the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2023.

The Commission's final order was that the proposed SeaRoad Shipping Enterprise Agreement (Stevedoring) 2023 be approved and registered. This decision was made on the basis that the agreement met all the necessary statutory requirements and provided the employees with terms and conditions that were better off overall compared to the relevant award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established