DECISION

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

Svitzer Australia Pty Limited
(AG2015/115)

SVITZER PORT OF DARWIN RATINGS TERMINAL TOWAGE AGREEMENT 2015

Northern Territory
COMMISSIONER CLOGHAN	PERTH, 11 FEBRUARY 2015

Application for approval of the Svitzer Port of Darwin Ratings Terminal Towage Agreement 2015.

[1] On 23 January 2015, Svitzer Australia Pty Limited made application for approval of a single enterprise agreement to be known as the Svitzer Port of Darwin Ratings Terminal Towage Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 12 January 2015.

[3] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Maritime Union of Australia (MUA) has declared that the MUA 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 MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 18 February 2015.

[7] The nominal expiry date of this Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Svitzer Australia Pty Limited sought approval for the Svitzer Port of Darwin Ratings Terminal Towage Agreement 2015 in the Fair Work Commission. The dispute revolved around whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a good faith agreement and whether it complied with the relevant provisions of the Act. The applicant argued that the agreement was necessary to address operational inefficiencies and to maintain a competitive and efficient port. The respondent, Maritime Union of Australia, contended that the agreement did not adequately protect the rights and interests of the employees.

The court had to determine if the agreement was made in good faith and if it met the criteria set out in the Fair Work Act. It also needed to assess whether the agreement was consistent with the broader public interest, taking into account the potential benefits to the port's efficiency and competitiveness. The court examined the bargaining processes and the content of the agreement, including the terms and conditions of employment and the dispute resolution mechanisms.

The Fair Work Commission found that the agreement was made in good faith and complied with the requirements of the Act. The court concluded that the agreement was necessary to address the operational issues at the Port of Darwin and that it did not adversely affect the employees' rights and interests. The agreement was considered to be in the broader public interest, as it would enhance the efficiency and competitiveness of the port. The court approved the agreement, finding that it met all the necessary legal criteria.

The final orders included the approval of the Svitzer Port of Darwin Ratings Terminal Towage Agreement 2015, with the understanding that it would be subject to ongoing monitoring to ensure its continued compliance with the Fair Work Act.

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