CORRECTION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Svitzer Australia Pty Limited
(AG2015/114)

SVITZER PORT OF DARWIN ENGINEERS TERMINAL TOWAGE AGREEMENT 2015

Northern Territory
COMMISSIONER CLOGHAN	PERTH, 9 JULY 2015

Application for approval of the Svitzer Port of Darwin Engineers Terminal Towage Agreement 2015 - inserting AIMPE as employee organisation.

[1] The Decision issued by the Fair Work Commission on 10 June 2015 [2015] FWCA 3891, AE414268, PR568187 is corrected as follows:

By inserting new paragraph [170] as follows, and subsequently renumbering remaining paragraphs:

“The Australian Institute of Marine and Power Engineers (AIMPE) has declared that the AIMPE was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AIMPE has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Svitzer Australia Pty Limited, the applicant sought approval of the Svitzer Port of Darwin Engineers Terminal Towage Agreement 2015, with a focus on the inclusion of the Australian Industrial and Maritime Personnel Employers (AIMPE) as the designated employee organisation. The matter was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal standards required for approval.

The legal issues before the Commission involved assessing whether the agreement satisfied the statutory criteria outlined in the Fair Work Act 2009. This included ensuring the agreement was made in good faith, provided for a fair and efficient method of determining employees' wages and conditions, and was free from any coercion or undue influence. Furthermore, the Commission needed to ascertain whether the proposed agreement appropriately reflected the balance of power between the parties and was consistent with the principles of the Act.

The Commission deliberated on the submissions made by the parties and examined the provisions of the proposed agreement. It found that the agreement was made in good faith and met the criteria for approval under the Fair Work Act. The Commission concluded that the agreement was fair and efficient and did not exhibit any form of coercion or undue influence. Additionally, the agreement was consistent with the principles of the Act, and the inclusion of AIMPE as the employee organisation was deemed appropriate. Consequently, the Commission approved the Svitzer Port of Darwin Engineers Terminal Towage Agreement 2015, with AIMPE as the designated employee organisation.

Svitzer Australia Pty Limited

CORRECTION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established