Strait Link Shipping Pty Ltd Trading AS Strait Link Shipping

[2025] FWCA 3164

[2025] FWCA 3164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Strait Link Shipping Pty Ltd Trading AS Strait Link Shipping

(AG2025/2939)

STRAIT LINK / MUA BURNIE STEVEDORING ENTERPRISE

Agreement 2025

Stevedoring industry
COMMISSIONER CONNOLLY	MELBOURNE, 19 SEPTEMBER 2025

Application for approval of the Strait Link / MUA Burnie Stevedoring Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Strait Link / MUA Burnie Stevedoring Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Strait Link Shipping Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 3 September 2025

NES Precedence Clause

1. There are five National Employment Standards (NES) issues that require comment:

·   Casual conversion/supplementary conversion: Clause 10.34 of the Agreement provides that Supplementary Employees (akin to casual employees) will be classified as a VSE employee where they have worked a regular and systematic pattern of hours for at least 12 months. This differs from the NES at s.66A-s.66M of the Act which provides that a casual employee has the right to notify employer they no longer meet the requirements of being a casual employee if they have been employed for 6 months and have not received a response from employer not accepting previous notification or had a dispute in the past 6 months.

·   Public holiday – entitlement to be absent: Clause 15 of the Agreement provides that it is the intent for the life of the Agreement that work will be performed on all public holidays (except those defined as Closed Port Days). This appears inconsistent with the NES at s.114 of the Act which provides that an employee is entitled to be absent on a day or part-day that is a public holiday in the place they are based for work purposes. An employer may request an employee to work the public holiday if the request is reasonable and the employee may refuse the request if the request is unreasonable or the refusal is reasonable.

·   Public holiday – other days: Clause 15.3 of the Agreement contains an exhaustive list of public holidays that employees are entitled to but does not provide an entitlement to any other day or part-day declared or prescribed to be observed within a State or Territory, which may be inconsistent with the NES at s.115(b) of the Act.

·   Public holiday – substitution under a law of a State or Territory: Clause 15.6 of the Agreement provides that the public holiday recognised for Christmas Day will always be 25 December and ANZAC Day will always be 25 April, regardless of whether they are gazetted on different dates or fall on a weekend or a weekday, which appears inconsistent with the NES at s.115(2) of the Act.

·   Redundancy: Clause 25.7 provides that where the employer finds an employee alternate employment on comparable terms and conditions within the company or with another company, the employer shall not be liable to make termination or redundancy payments. This appears inconsistent with the NES at s.120 of the Act which provides that where an employer finds other acceptable employment for the employee, the employer may apply for the Fair Work Commission to determine that the amount of redundancy pay is reduced to a specified amount (which may be nil) that it considers appropriate.

1. Clause 5.3 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent any inconsistency. As a result of the NES precedence clause, the above clauses will not apply to the extent that they are inconsistent with the NES.

Union covered

1. The “Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees’ Union” (MUA), 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) of the Act I note that the Agreement covers this organisation.

Approval

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2029.

COMMISSIONER

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