DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaRoad Shipping Pty Ltd T/A SeaRoad Shipping
(AG2018/5616)

SEAROAD SHIPPING ENTERPRISE AGREEMENT (STEVEDORING) 2018

Stevedoring industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2018.

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

[2] 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] I note that Clauses 16.18.1, 16.18.2, 16.19 are inconsistent with the National Employment Standards regarding personal leave. Given the National Employment Standards precedence clause at clause 6.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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 1 February 2019. The nominal expiry date of the Agreement is 22 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved SeaRoad Shipping Pty Ltd, trading as SeaRoad Shipping, and related to an application for the approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2018. The application was brought under the Fair Work Act 2009, specifically seeking endorsement of the enterprise agreement to ensure it met the necessary standards for fair and efficient workplace relations.

The legal issues before the court centred on whether the agreement complied with the provisions of the Fair Work Act. Key concerns included whether the agreement provided for the appropriate minimum terms and conditions, whether it allowed for fair dispute resolution mechanisms, and whether the agreement was free from any unfair provisions that could disadvantage employees. The court also needed to determine if the agreement had been made in good faith and whether the necessary consultation processes had been followed.

The Fair Work Commission, having considered the submissions and evidence from both parties, found that the agreement largely complied with the statutory requirements. The Commission determined that the minimum terms and conditions were appropriately set out, and the dispute resolution mechanisms were fair. While there were some concerns about specific clauses, these were not deemed significant enough to invalidate the agreement. Consequently, the Commission approved the enterprise agreement, subject to certain conditions, ensuring it met the necessary standards for workplace fairness and efficiency.

The orders made by the Commission included the approval of the SeaRoad Shipping Enterprise Agreement (Stevedoring) 2018, with specific conditions attached to address minor concerns about certain clauses. These conditions required modifications to ensure the agreement met all statutory requirements and protected the interests of both employers and employees.

SeaRoad Shipping Pty Ltd T/A SeaRoad Shipping

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established