DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Defence Services Pty Limited T/A Serco
(AG2020/69)

NUYINA CREW ENTERPRISE AGREEMENT 2020

Maritime industry
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2020

Application for approval of the Nuyina Crew Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Nuyina Crew Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Serco Defence Services Pty Limited T/A Serco. The Agreement is a greenfields 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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that cl.14.5 of the Agreement may be unenforceable as it is likely to be a deduction contrary to s.324 of the Act.

[4] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2020. The nominal expiry date of the Agreement is 6 January 2024.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Serco Defence Services Pty Limited T/A Serco, sought approval for the Nuyina Crew Enterprise Agreement 2020 from the Fair Work Commission (FWC). The dispute centred around the terms and conditions outlined in the agreement, which governed the employment of crew members for the vessel Nuyina. The matter was heard by Deputy President P. G. Breheny, who had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issues before the FWC were whether the agreement provided for a fair and reasonable outcome for the employees, and whether it complied with the procedural requirements of the Fair Work Act. Specifically, the FWC had to assess whether the agreement was made in good faith and whether it was procedurally sound, including whether the parties had taken reasonable steps to ensure that the employees understood the terms of the agreement. Additionally, the FWC considered whether the agreement was in the best interests of the employees and whether it was consistent with the Fair Work Act’s objectives.

Deputy President Breheny found that the agreement was made in good faith and that the procedural requirements were met. The agreement was considered to provide a fair and reasonable outcome for the employees, and it aligned with the objectives of the Fair Work Act. The FWC concluded that the agreement was in the best interests of the employees and approved the Nuyina Crew Enterprise Agreement 2020.

The FWC’s approval of the agreement was recorded in a decision dated 20 May 2020. The FWC found that the agreement provided a fair and reasonable outcome for the employees and was consistent with the objectives of the Fair Work Act. The Deputy President’s decision was that the agreement should be approved, and the terms and conditions outlined in the agreement would apply to the employment of crew members for the vessel Nuyina.

Serco Defence Services Pty Limited T/A Serco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established