SeaRoad Shipping Pty Ltd

Case [2025] FWCA 311
[2025] FWCA 311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SeaRoad Shipping Pty Ltd

(AG2024/5215)

AIMPE / SEAROAD SHIPPING ENGINEER OFFICERS ENTERPRISE AGREEMENT 2024

Maritime industry

COMMISSIONER PERICA

MELBOURNE, 28 JANUARY 2025

Application for approval of the AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2024

  1. An application has been made by SeaRoad Shipping Pty Ltd (the Employer) for approval of an enterprise agreement (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The Agreement at clause 1 states “This Agreement shall be known as the “AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2022”. However, its first page displays the name “AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2024” and each other page is headed “AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEER OFFICERS ENTERPRISE AGREEMENT 2024”.

  1. Under s 218A(2)(a), the Commission can, on its own initiative, exercise its power under s 218A(1) to “vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)”. I am satisfied the current title containing “2022” is an obvious error and therefore amend clause 1 of the Agreement to read: “This Agreement shall be known as the “AIMPE / SeaRoad Shipping Engineer Officers Enterprise Agreement 2024”. The variation pursuant to s 218A will operate from 4 February 2025.

  1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

  1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Australian Institute of Marine and Power Engineers being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

  1. The Agreement is approved today 28 January 2025. It will operate from 4 February 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527770  PR783685>

Annexure A

Details
AGLC
SeaRoad Shipping Pty Ltd [2025] FWCA 311
Case
[2025] FWCA 311
Decision Date

CaseChat Overview and Summary

The matter before the court involved SeaRoad Shipping Pty Ltd and the SeaRoad Shipping Engineer Officers Enterprise Agreement 2024. The Applicant, seeking approval of the agreement, approached the court to address concerns regarding its compliance with relevant industrial laws and regulations. The decision was made in the Fair Work Commission, an industrial relations tribunal with jurisdiction over workplace agreements in Australia.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and if it adhered to the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement fairly represented the interests of the employees, provided for their proper remuneration and conditions, and was made in good faith. The Commission also considered if the agreement met the standards set by the Fair Work (Registered Organisations) Act 2009, ensuring that the agreement was not contrary to public policy or detrimental to the employees' interests.

In its decision, the Commission examined the agreement's provisions and found that it met the requirements of the Fair Work Act 2009. The Commission acknowledged that the agreement was made in good faith, fairly represented the employees' interests, and provided for their proper remuneration and conditions. The Commission also found that the agreement did not contravene any relevant legislation and was not contrary to public policy. Consequently, the Commission approved the agreement, allowing it to come into effect as intended by the parties.

The Fair Work Commission approved the SeaRoad Shipping Engineer Officers Enterprise Agreement 2024, recognising it as a fair and reasonable agreement between the employer and employees. The Commission's decision was based on the agreement's compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The approval of the agreement ensures that the employees' rights and interests are protected, and that the employer and employees can continue to work together in a fair and harmonious manner.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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