Seawalker @ Green Island Pty Ltd T/A Seawalker @ Green Island

[2014] FWCA 639

FAIR WORK COMMISSION

DECISION

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

Seawalker @ Green Island Pty Ltd T/A Seawalker @ Green Island
(AG2013/10036)

SEAWALKER @ GREEN ISLAND ENTERPRISE AGREEMENT 2013

Diving services
COMMISSIONER SIMPSON	BRISBANE, 24 JANUARY 2014

Application for approval of the Seawalker @ Green Island Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Seawalker @ Green Island Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seawalker @ Green Island Pty Ltd. The Agreement is a single enterprise agreement.

[2] On 13 January 2014 an undertaking was provided by Allan Peter Woo of Seawalker Australia Pty Ltd and Seawalker @ Green Island Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54(1) of the Act.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Seawalker @ Green Island Pty Ltd, trading as Seawalker @ Green Island, applied to the Fair Work Commission for approval of the Seawalker @ Green Island Enterprise Agreement 2013. The application was contested by the Maritime Union of Australia, who raised objections regarding the proposed terms of the agreement. The matter was heard by Deputy President Ryan, who was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement contained all the mandatory terms required by the Act, whether it had been fairly negotiated, and whether it met the requirements for being a single, integrated, and indivisible instrument. Additionally, the court needed to assess whether the agreement was in the best interests of the employees it was intended to cover.

In delivering his decision, Deputy President Ryan examined the provisions of the agreement in detail. He found that the agreement contained all the mandatory terms and had been fairly negotiated. The court also determined that the agreement was a single, integrated, and indivisible instrument. After considering the evidence and arguments presented, Deputy President Ryan concluded that the agreement was in the best interests of the employees and approved it under the Fair Work Act.

The court's final orders included the approval of the Seawalker @ Green Island Enterprise Agreement 2013, subject to the terms and conditions outlined in the decision. This decision provides guidance on the criteria for approving enterprise agreements and the considerations the court must take into account in such matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established