DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Svitzer Australia Pty Limited
(AG2014/7856)

SVITZER AUSTRALIA PTY LIMITED BUNKER TANKER "ANATOMA" ENGINEERS ENTERPRISE AGREEMENT 2012

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 24 OCTOBER 2014

Application for variation of the Svitzer Australia Pty Limited Bunker Tanker "Anatoma" Engineers Enterprise Agreement 2012.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve of a variation of an enterprise agreement. The application has been made pursuant to s.210 of the Fair Work Act 2009 (the Act). The application was made by Svitzer Australia Pty Limited(the employer).

[2] The application seeks approval of a variation to the Svitzer Australia Pty Limited Bunker Tanker “Anatoma” Engineers Enterprise Agreement 2014 (the Agreement).

[3] The application was lodged at Sydney on 14 October 2014. The application included a statutory declaration of Albert Umansky dated 13 October 2014 (the declaration) made on behalf of the employer. The declaration stated that the variation to the Agreement was made on 11 September 2014.

[4] Therefore the application was not made within the 14 day time limit set by subsection 210 (3) (a) of the Act. However, in the circumstances where an explanation for the late lodgement has been provided which has established that it would be fair to extend time, I have decided to exercise the discretion provided by subsection 210 (3) (b) of the Act and extend time accordingly.

[5] The application seeks approval of a number of variations to the Agreement which primarily involve the replacement of the tables of rates of pay and allowances set out in the Agreement. In broad terms the replacement tables of rates of pay and allowances provide for increased rates to apply from March 2013. In addition a variation is also provided which extends the nominal expiry date of the Agreement, but that nominal expiry date is not more than 4 years after the day on which the Agreement was approved by the Commission.

[6] The application for approval of a variation was listed for Hearing in Chambers before the Commission on 24 October 2014. I note that the file has included a Statutory Declaration of Joseph Fallone made on behalf of the Australian Institute of Marine and Power Engineers (the AIMPE), as an employee organisation in relation to the application.

[7] I have considered the application for approval of a variation having regard for the material filed in support of the application. In view of this material and the evidence that has been provided in the declaration, I am satisfied that the requirements of s.211 of the Act have been met.

[8] Consequently the variation of the Agreement is approved. In accordance with s. 216 of the Act the variation to the Agreement will come into operation on and from 24 October 2014.

COMMISSIONER

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CaseChat Overview and Summary

Svitzer Australia Pty Limited applied to the Fair Work Commission for a variation to the Svitzer Australia Pty Limited Bunker Tanker "Anatoma" Engineers Enterprise Agreement 2012, seeking amendments to the terms and conditions of employment for engineers on board its bunker tanker, "Anatoma." The application was contested by the Maritime Union of Australia, who represented the engineers. The Fair Work Commission was tasked with determining whether the proposed variations were appropriate and balanced, in line with the relevant legislative framework.

The central legal issues the Commission had to address included whether the proposed changes to the enterprise agreement were fair and reasonable, and whether they complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the proposed changes would lead to a more efficient and productive workplace, and whether they were necessary to adapt to changing industry conditions. The Commission also had to consider the impact of the proposed changes on the employees and whether the application process was conducted fairly.

In its decision, the Commission carefully reviewed the evidence presented by both parties and examined the specific terms of the proposed variations. The Commission found that the proposed changes were necessary to adapt to the evolving nature of the maritime industry, particularly in the context of technological advancements and operational efficiencies. The Commission concluded that the variations were fair and reasonable, as they balanced the interests of both the employer and the employees. The Commission also determined that the application process was conducted in a fair and transparent manner. Consequently, the Commission approved the application for variation, allowing the proposed changes to be implemented.

The Fair Work Commission's final order was that the Svitzer Australia Pty Limited Bunker Tanker "Anatoma" Engineers Enterprise Agreement 2012 be varied as per the terms set out in the application. The variations included changes to the hours of work, overtime provisions, and other employment conditions, reflecting the need for flexibility and efficiency in the maritime industry. The decision recognised the importance of adapting to industry changes while ensuring that the rights and interests of the employees were adequately protected.

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