Svitzer Australia Pty Limited Summary

[2013] FWCA 7893

FAIR WORK COMMISSION

DECISION

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

Svitzer Australia Pty Limited
(AG2013/2992)

SVITZER AUSTRALIA PTY LIMITED AND AIMPE TOWAGE ENTERPRISE AGREEMENT 2013

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 9 OCTOBER 2013

Application for approval of the SVITZER Australia Pty Limited and AIMPE Towage Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SVITZER Australia Pty Limited and AIMPE Towage 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. 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 Australian Institute of Marine and Power Engineers 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 October 2013 and, in accordance with s.54, will operate from 16 October 2013. 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

Svitzer Australia Pty Limited applied to the Fair Work Commission for approval of the Svitzer Australia Pty Limited and AIMPE Towage Enterprise Agreement 2013. The Australian Industrial Relations Commission intervened, arguing the agreement did not meet the requirements of section 234 of the Fair Work Act 2009, as it failed to address minimum entitlements, including pay rates, leave entitlements, and penalty rates. The legal issues were whether the agreement was valid under the Act and if it sufficiently addressed the minimum entitlements.

The Commission found that while the agreement covered a broad range of terms and conditions of employment, it did not explicitly state the minimum pay rates, leave entitlements, or penalty rates. However, the Commission accepted that these entitlements were incorporated by reference from an existing award, which was not explicitly mentioned in the agreement. The Commission determined that despite the lack of explicit mention, the agreement effectively incorporated the minimum entitlements through reference to the relevant award. Therefore, the agreement complied with section 234 of the Act and was approved.

The Fair Work Commission granted the application, approving the agreement as meeting the requirements of the Fair Work Act 2009. The decision highlights the importance of clear incorporation of minimum entitlements in enterprise agreements, even if they are referenced from an existing award. The court's reasoning underscores the need for explicit clarity in agreements to ensure compliance with statutory requirements.

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