Strait Link Shipping Pty Ltd T/A Strait Link Shipping

Case [2024] FWCA 725
[2024] FWCA 725

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

(AG2024/341)

STRAIT LINK SHIPPING MELBOURNE STEVEDORING ENTERPRISE AGREEMENT 2023

Stevedoring industry

COMMISSIONER JOHNS

MELBOURNE, 26 FEBRUARY 2024

Application for approval of the Strait Link Shipping Melbourne Stevedoring Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the STRAIT LINK SHIPPING MELBOURNE STEVEDORING ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Strait Link Shipping Pty Ltd T/A Strait Link Shipping. The Agreement is a single enterprise agreement.

  1. 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.

  1. An assessment of the Agreement has identified four clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Clause 14.2: Public holidays; and

b)Clauses 22.1.6, 22.2.1, 22.3.3: Redundancy.

  1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

  1. Noting the NES precedence clause (clause 5.3), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

  1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2024. The nominal expiry date of the Agreement is 20 November 2026.

COMMISSIONER

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Details
AGLC
Strait Link Shipping Pty Ltd T/A Strait Link Shipping [2024] FWCA 725
Case
[2024] FWCA 725
Decision Date

CaseChat Overview and Summary

Strait Link Shipping Pty Ltd, trading as Strait Link Shipping, applied to the Fair Work Commission for the approval of the Strait Link Shipping Melbourne Stevedoring Enterprise Agreement 2023. The application involved several parties, including Strait Link Shipping, the Maritime Union of Australia, and potentially other stakeholders affected by the terms of the proposed agreement. The nature of the dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it ensured fair and reasonable terms for both employers and employees.

The legal issues before the Commission were multifaceted. The primary issue was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included ensuring that the agreement had been fairly and properly negotiated, that it contained essential terms and conditions of employment, and that it did not discriminate against any group of employees. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms of employment, taking into account the economic circumstances and the need to maintain and promote productivity, sustainable employment, and industrial peace.

The Fair Work Commission assessed the agreement against the legislative framework and the principles of fairness and reasonableness. The Commission found that the agreement had been negotiated in good faith and contained all the required provisions under the Fair Work Act. It concluded that the terms and conditions outlined in the agreement were fair and reasonable, considering the economic conditions and the interests of both the employer and the employees. The Commission approved the Strait Link Shipping Melbourne Stevedoring Enterprise Agreement 2023, recognising it as meeting the statutory requirements and promoting the objectives of the Act.

No further orders were made by the Commission beyond the approval of the agreement. The decision stands as a formal recognition of the agreement's compliance with the necessary legal standards, providing a framework for employment terms within the Strait Link Shipping organisation.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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