Strait Link Shipping Pty Ltd T/A Strait Link Shipping

[2023] FWCA 2135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Strait Link Shipping Pty Ltd T/A Strait Link Shipping

(AG2023/2131)

STRAIT LINK / MUA BURNIE STEVEDORING ENTERPRISE AGREEMENT 2022

Stevedoring industry
COMMISSIONER WILSON	MELBOURNE, 12 JULY 2023

Application for approval of the Strait Link / MUA Burnie Stevedoring Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Strait Link / MUA Burnie Stevedoring Enterprise Agreement 2022 (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.

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. The undertakings are taken to be a term of the agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2023. The nominal expiry date of the Agreement is 26 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Strait Link Shipping Pty Ltd, trading as Strait Link Shipping, applied for approval of the Strait Link / MUA Burnie Stevedoring Enterprise Agreement 2022. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred around the terms of the proposed enterprise agreement between Strait Link Shipping and the Maritime Union of Australia (MUA), concerning the employment conditions of stevedores at the Burnie port.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval, including whether it contained terms that were not contrary to public policy or unjust. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient workplace, and if it complied with relevant industrial laws. The Commission also needed to assess if the agreement adequately protected the interests of employees and employers alike.

After reviewing the submissions and evidence from both parties, the Commission found that the proposed enterprise agreement did not contravene any public policy or legal requirements. The agreement was deemed to promote a fair and efficient workplace and adequately protected the interests of both employees and employers. Consequently, the Commission approved the Strait Link / MUA Burnie Stevedoring Enterprise Agreement 2022, effective from the date of the decision. The approval ensures that the terms of the agreement are legally binding on both parties, providing a framework for their industrial relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established