Svitzer Australia Pty Limited Summary

[2014] FWCA 4733

The attached document replaces the document previously issued with the above code on 16 July 2014.

The words "Application for approval of the" have been removed from the title of the Agreement.

Sarah Lis

Associate to Vice President Watson

Dated 17 July 2014

[2014] FWCA 4733

FAIR WORK COMMISSION

DECISION

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

Svitzer Australia Pty Limited
(AG2014/1297)

SVITZER AUSTRALIA PTY LIMITED AND MUA NEWCASTLE LINES AND MOORING ENTERPRISE AGREEMENT 2014

Port authorities
VICE PRESIDENT WATSON	MELBOURNE, 16 JULY 2014

Application for approval of the Svitzer Australia Pty Limited and MUA Newcastle 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 and MUA Newcastle 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.

[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 has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 23 July 2014. The nominal expiry date of the Agreement is 28 February 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Svitzer Australia Pty Limited, sought approval of the Svitzer Australia Pty Limited and Maritime Union of Australia Newcastle Lines and Mooring Enterprise Agreement 2014, from the Fair Work Commission. The company operates a stevedoring business in Newcastle, New South Wales, and the union represents the employees involved in the agreement. The dispute centred on whether the enterprise agreement met the requirements under the Fair Work Act 2009 for approval by the Fair Work Commission.

The legal issues before the Commission were whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act, and whether it was free from prohibited content. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and if it provided for a fair and efficient workplace. The Commission also needed to determine whether the agreement was in the best interests of the employees and the employer, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the enterprise agreement met all the necessary requirements under the Fair Work Act. The agreement contained all the mandatory terms and was free from prohibited content. The Commission was satisfied that the agreement had been genuinely negotiated and provided for a fair and efficient workplace. Furthermore, the agreement was in the best interests of both the employees and the employer. The Commission also found that the agreement was consistent with the Fair Work (Registered Organisations) Act 2009. As a result, the Fair Work Commission approved the Svitzer Australia Pty Limited and Maritime Union of Australia Newcastle Lines and Mooring Enterprise Agreement 2014.

No further orders were made by the Commission.

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