DECISION

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

Svitzer Australia Pty Limited
(AG2015/1249)

SVITZER AUSTRALIA PTY LIMITED PORT KEMBLA LINES AND MOORING ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 15 JUNE 2015

Application for approval of the SVITZER Australia Pty Limited Port Kembla Lines and Mooring Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SVITZER Australia Pty Limited Port Kembla Lines and Mooring Enterprise Agreement 2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Svitzer Australia Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 26 May 2015. The application included a Statutory Declaration of Albert Umansky made on behalf of the Employer and dated 25 May 2015 (the Declaration). The Declaration stated that the Agreement was made on 20 May 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 15 June 2015. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of the Maritime Union of Australia (the MUA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 9.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 22 June 2015. The nominal expiry date of the Agreement as specified in clause 2.2 of the Agreement, is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Svitzer Australia Pty Limited applied for approval of the Svitzer Australia Pty Limited Port Kembla Lines and Mooring Enterprise Agreement 2014. The applicant sought to have the enterprise agreement certified as a single interest employer agreement, to be applied to its employees who are members of the Maritime Officers’ Union of Australia. The dispute centred on the terms of the enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009.

The main legal issue before the Commission was whether the enterprise agreement met the statutory criteria for single interest employer agreements. The Commission needed to determine whether the agreement was in writing, whether it was fairly negotiated, and whether it contained minimum terms as prescribed by the Fair Work Act. The Commission also had to consider the fairness of the agreement's terms and conditions.

The Commission found that the enterprise agreement complied with the statutory requirements and was fairly negotiated. It contained all the prescribed minimum terms and was not unfair to any party. The Commission approved the application and certified the enterprise agreement as a single interest employer agreement, effective from the date of the Commission’s decision. This decision provides certainty to both the employer and employees regarding the terms of their employment under the agreement.

Svitzer Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established