DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Svitzer Australia Pty Limited
(AG2020/1041)

SVITZER AUSTRALIA PTY LIMITED AND MUA NEWCASTLE LINES AND MOORING ENTERPRISE AGREEMENT 2019

Port authorities
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 APRIL 2020

Application for approval of the SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2019.

[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 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, Maritime Union of Australia Division being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Svitzer Australia Pty Limited sought approval of the Svitzer Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2019 from the Fair Work Commission. The dispute involved the terms of the enterprise agreement, which was proposed between the company and its employees represented by the Maritime Union of Australia. The Fair Work Commission was the court tasked with examining the application and determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to consider if the agreement satisfied the criteria for being a "single interest" enterprise agreement, including whether it met the "better off overall test." The court also examined if the agreement contained all the mandatory terms prescribed by the Act and if the process followed in reaching the agreement was lawful and fair.

The court found that the agreement was a genuine single interest enterprise agreement and that it met the better off overall test. It determined that the agreement contained all the mandatory terms required by the Act and that the process leading to the agreement was lawful and fair. The court highlighted that the agreement provided for a fair and reasonable outcome for the employees, including improved wages and conditions. Consequently, the court approved the application for the enterprise agreement.

The final orders of the court were that the Svitzer Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. This decision was made effective from the date of the decision, ensuring that the terms of the agreement would apply to the relevant employees.

Svitzer Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established