| [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
<AE527950 PR784116>
Annexure A
- AGLC
- Strait Link Shipping Pty Ltd T/A Strait Link Shipping [2025] FWCA 498
- Case
- [2025] FWCA 498
- Decision Date
CaseChat Overview and Summary
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.
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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