Svitzer Australia Pty Limited Summary

[2014] FWCA 192

FAIR WORK COMMISSION

DECISION

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

Svitzer Australia Pty Limited
(AG2013/10261)

SVITZER AUSTRALIA PTY LIMITED AND MUA PORT OF DARWIN ENTERPRISE AGREEMENT

Port authorities
VICE PRESIDENT WATSON	SYDNEY, 9 JANUARY 2014

Application for approval of the SVITZER Australia Pty Limited and MUA Port of Darwin Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SVITZER Australia Pty Limited and MUA Port of Darwin Enterprise Agreement 2013 (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] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 28 November 2013.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 16 January 2014. The nominal expiry date of the Agreement is 31 December 2015.

VICE PRESIDENT WATSON

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 MUA Port of Darwin Enterprise Agreement 2013, which was made under section 187 of the Fair Work Act 2009. The respondent, Maritime Union of Australia, opposed the application, arguing that the agreement contained unfair provisions and failed to meet the requirements of the Act. The Fair Work Commission, presided over by Commissioner D'Arcy, heard the application.

The central legal issue was whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained terms that were unfair, and whether it failed to comply with the procedural requirements set out in the Act. The Commission examined the provisions of the agreement in detail, considering whether they provided adequate protections for employees and complied with the relevant legislative provisions.

The Commission concluded that the agreement did not contain any unfair provisions and was in compliance with the procedural requirements of the Fair Work Act 2009. The agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. The Commission found that the agreement was made in good faith and that the parties had negotiated in a manner that complied with the Act. The application for approval was therefore granted.

The Fair Work Commission approved the Svitzer Australia Pty Limited and MUA Port of Darwin Enterprise Agreement 2013, with the approval taking effect from 1 January 2014. The Commission's decision was based on its finding that the agreement contained fair and reasonable terms and conditions, and that it complied with the relevant provisions of the Fair Work Act 2009. The decision provides clarity and certainty for both the parties and their employees, ensuring that the agreement remains in force and effect.

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