DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skilled Maritime Services Pty Ltd
(AG2018/4895)

SKILLED MARITIME SERVICES PORT ANCILLARY SERVICES (VICTORIA) ENTERPRISE AGREEMENT 2018 - 2021

Maritime industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 NOVEMBER 2018

Application for approval of the Skilled Maritime Services Port Ancillary Services (Victoria) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Skilled Maritime Services Port Ancillary Services (Victoria) Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skilled Maritime Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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.

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

[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 was approved on 27 November 2018 and, in accordance with s.54, will operate from 4 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Skilled Maritime Services Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Skilled Maritime Services Port Ancillary Services (Victoria) Enterprise Agreement 2018-2021. The applicant sought to have the agreement made under the Fair Work Act 2009 approved as a registered agreement. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act and the principles of good faith bargaining and procedural fairness.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether the bargaining process complied with the statutory requirements. Additionally, the Commission considered whether the agreement adequately provided for the employees' rights and entitlements, including pay, hours of work, leave, and other employment conditions. The Commission also examined the application of the "better off overall test" to ensure that the agreement was in the best interests of the employees.

The Commission found that the agreement was genuinely negotiated and that the bargaining process adhered to the statutory requirements. The Commission was satisfied that the agreement provided for the employees' rights and entitlements in a fair and reasonable manner. Furthermore, the Commission determined that the agreement met the better off overall test, as the employees would be better off overall with the agreement than without it. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act and in the best interests of the employees.

In light of its findings, the Commission approved the Skilled Maritime Services Port Ancillary Services (Victoria) Enterprise Agreement 2018-2021. The agreement will now be registered and will apply to the employees covered by the agreement for the specified period. This decision affirms the importance of ensuring that enterprise agreements are genuinely negotiated and provide for the fair and reasonable rights and entitlements of employees.

Skilled Maritime Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established