Svitzer Australia Pty Limited Summary

[2014] FWCA 5036

FAIR WORK COMMISSION

DECISION

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

Svitzer Australia Pty Limited
(AG2014/1830)

SVITZER QUEENSLAND OPERATIONS CENTRE ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 28 JULY 2014

Application for approval of the SVITZER Queensland Operations Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SVITZER Queensland Operations Centre 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 Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Maritime Union of Australia, 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.

[4] The agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Svitzer Australia Pty Limited applied to the Fair Work Commission for the approval of the Svitzer Queensland Operations Centre Enterprise Agreement 2014. The applicant, a company involved in marine towage and salvage services, sought to have the enterprise agreement, which was reached through a negotiation process, officially recognised and registered. The application was made under the Fair Work Act 2009, which governs employment standards and industrial relations in Australia.

The legal issues before the Commission centred on whether the enterprise agreement complied with the requirements of the Fair Work Act. Key considerations included whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether the appropriate process for negotiation and agreement had been followed. Additionally, the Commission had to determine if the agreement adequately covered the employees within the bargaining unit and if it met the criteria for being a simple, single-enterprise agreement.

The Commission found that the enterprise agreement was made in good faith and followed the necessary procedures. It determined that the agreement contained all the required minimum terms and conditions and was applicable to all relevant employees within the bargaining unit. The Commission concluded that the agreement met the statutory criteria for approval and was consistent with the objectives of the Fair Work Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the Svitzer Queensland Operations Centre Enterprise Agreement 2014, making it a legally binding document between the applicant and the employees covered by the agreement. This decision ensures that the terms and conditions of employment outlined in the agreement are enforceable and recognised under the Fair Work Act.

Svitzer Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established