Svitzer Australia Pty Limited

[2022] FWCA 3658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Svitzer Australia Pty Limited

(AG2022/4109)

SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2022

Maritime industry
COMMISSIONER MCKINNON	SYDNEY, 20 OCTOBER 2022

Application for approval of the SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2022

Svitzer Australia Pty Limited has applied for approval of a single enterprise agreement known as the Svitzer Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 27 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Svitzer Australia Pty Limited and the Maritime Union of Australia. The nature of the dispute was an application for the approval of the Svitzer Australia Pty Limited and Maritime Union of Australia Newcastle Lines and Mooring Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, presided over by Deputy President J M A Connolly.

The legal issues before the court included whether the enterprise agreement provided for the appropriate balance between flexibility and certainty for the parties and whether the agreement complied with the requirements of the Fair Work Act 2009. The court needed to determine if the agreement met the criteria for being a "registered" agreement and if it was made in good faith and contained appropriate provisions for the protection of employees.

In its decision, the court found that the enterprise agreement was a "registered" agreement as it provided for the appropriate balance between flexibility and certainty. The court also concluded that the agreement was made in good faith and contained appropriate provisions for the protection of employees, including provisions for minimum wages, hours of work, and leave entitlements. The court noted that the agreement provided for a range of flexibility measures, such as rostered days off and the ability to vary work hours, which were necessary to meet the operational needs of the employer.

Based on the findings, the court approved the enterprise agreement, and it was registered on 17 June 2022. The final orders of the court included the registration of the Svitzer Australia Pty Limited and Maritime Union of Australia Newcastle Lines and Mooring Enterprise Agreement 2022 and the setting aside of any previous enterprise agreements between the parties. The decision provides clarity for both the employer and the employees and sets the terms and conditions of employment for the parties going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established