Strait Link Shipping Pty Ltd T/A Strait Link Shipping

[2025] FWCA 498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Strait Link Shipping Pty Ltd T/A Strait Link Shipping

(AG2025/26)

STRAIT LINK SEAQUIP ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 7 FEBRUARY 2025

Application for approval of the Strait Link Seaquip Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Strait Link Seaquip Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Strait Link Shipping Pty Ltd T/A Strait Link Shipping (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Transport Workers’ Union of Australia (TWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers each of these organisations.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 14 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Strait Link Shipping Pty Ltd, trading as Strait Link Shipping, sought approval for the Strait Link Seaquip Enterprise Agreement 2024 before the Fair Work Commission. The company and the Maritime Union of Australia engaged in discussions to reach this agreement, which aimed to regulate employment conditions for certain workers. The application centred on whether the agreement complied with the Fair Work Act 2009, ensuring it met the procedural and substantive fairness requirements.

The legal issues primarily revolved around the compliance of the agreement with the procedural fairness criteria outlined in the Fair Work Act, including adequate consultation and negotiation processes. Additionally, the court examined whether the agreement satisfied the substantive fairness requirements, ensuring it provided adequate protections and benefits to the employees involved. The court also considered whether the agreement met the "better off overall test," verifying that it did not disadvantage the employees relative to their previous conditions.

The Fair Work Commission approved the application, concluding that the agreement was fairly negotiated and met all statutory requirements. The Commission found that Strait Link Shipping had engaged in genuine and meaningful consultation with the union, addressing the procedural fairness concerns. Furthermore, the Commission determined that the agreement provided fair terms and conditions, meeting the substantive fairness criteria. The Commission confirmed that the agreement passed the "better off overall test," ensuring that employees would not be worse off under the new terms. Consequently, the agreement was approved as meeting the standards set by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established