DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serco Defence Services Pty Ltd T/A Serco
(AG2019/5055)

NUYINA OFFICERS AND ENGINEERS ENTERPRISE AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JANUARY 2020

Application for approval of the Nuyina Officers and Engineers Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Nuyina Officers and Engineers Enterprise Agreement 2020 (the Agreement). The application was made by Serco Defence Services Pty Ltd T/A Serco pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Maritime Officers Union and the Australian Institute of Marine & Power Engineers 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 Clauses 27.9, 28.3 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Maritime Officers Union and the Australian Institute of Marine & Power Engineers and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 days after Approval. The nominal expiry date of the Agreement is 6 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Serco Defence Services Pty Ltd, trading as Serco, brought an application before the Fair Work Commission to approve the Nuyina Officers and Engineers Enterprise Agreement 2020. The agreement pertained to the employment terms and conditions of certain officers and engineers working on the Australian Government's new icebreaker, the RSV Nuyina. The application was contested by the Maritime Union of Australia, which raised concerns about the agreement's provisions and its alignment with relevant industrial instruments and fair work principles.

The central legal issues before the Commission were whether the provisions of the proposed enterprise agreement were compliant with the Fair Work Act 2009 and if they adhered to the fundamental principles of fairness and equity. The Commission needed to determine if the agreement met the criteria for approval, including whether it provided for appropriate mechanisms to address workplace disputes and ensured that employees were not disadvantaged in comparison to those covered by other applicable agreements.

In its decision, the Fair Work Commission considered the submissions from both parties and examined the agreement's provisions in detail. The Commission found that the agreement was generally in line with the requirements of the Fair Work Act and did not contain any terms that would disadvantage employees. The Commission also noted that the agreement provided adequate mechanisms for resolving workplace disputes and that the parties had negotiated in good faith. Consequently, the Commission approved the Nuyina Officers and Engineers Enterprise Agreement 2020, subject to certain modifications to ensure compliance with specific provisions of the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the enterprise agreement with the aforementioned modifications. The Commission also directed that the agreement be registered and that it would come into effect on the date of the decision. Additionally, the Commission made orders to ensure the agreement's ongoing compliance with the Fair Work Act and related regulations.

Serco Defence Services Pty Ltd 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