DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stradbroke Ferries Pty Ltd
(AG2019/608)

STRADBROKE FERRIES PTY LTD MARINE OPERATIONS ENTERPRISE AGREEMENT 2018

Port authorities
COMMISSIONER YILMAZ	MELBOURNE, 2 MAY 2019

Application for approval of the Stradbroke Ferries Pty Ltd Marine Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Stradbroke Ferries Pty Ltd Marine Operations Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stradbroke Ferries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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.

[3] The Agreement lodged contained a typographical error at clause 17.1 relating to the sum of the dual capacity allowance. On 3 May 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. I am satisfied that the correction is favourable to employees and will not disadvantage employees.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Institute of Marine and Power Engineers, the Australian Maritime Officers’ Union, the Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54, will operate from 10 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stradbroke Ferries Pty Ltd was the subject of an application for the approval of the Marine Operations Enterprise Agreement 2018, which was heard in the Fair Work Commission. The applicant, Stradbroke Ferries, sought approval of the agreement which outlined the terms and conditions of employment for its marine operations employees. The dispute arose due to objections from certain employee representatives who contested specific provisions of the agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and if it was made in accordance with the procedural fairness principles. Key concerns centred on whether the agreement provided fair and reasonable terms, and if the consultation process was adequate. The objectors argued that the agreement did not adequately protect employee interests and that the consultation process was insufficient.

In delivering its decision, the Commission considered the overall fairness of the agreement and the robustness of the consultation process. It examined the terms of the agreement in light of the relevant statutory provisions and assessed whether the agreement met the criteria for approval. The Commission found that while some provisions raised concerns, the overall balance of the agreement was fair and reasonable. It also found that the consultation process, although not perfect, was sufficient to meet the requirements of procedural fairness. Consequently, the Commission approved the agreement, recognising its benefits for both the employer and employees.

Stradbroke Ferries 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