DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Svitzer Australia Pty Limited
(AG2017/2028)

SVITZER AUSTRALIA PTY LIMITED NATIONAL TOWAGE ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER CAMBRIDGE	SYDNEY, 14 JUNE 2017

Application for variation of the Svitzer Australia Pty Limited National Towage Enterprise Agreement 2016.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve of a variation of an enterprise agreement. The application has been made pursuant to s. 210 of the Fair Work Act 2009 (the Act). The application was made by Svitzer Australia Pty Limited (the employer).

[2] The application seeks approval of a variation to the Svitzer Australia Pty Limited National Towage Enterprise Agreement 2016 (the Agreement).

[3] The application was lodged at Sydney on 4 June 2017. The application included a statutory declaration of Jude Gibson dated 30 May 2017 (the declaration) made on behalf of the employer. The declaration stated that the variation to the Agreement was made on 22 May 2017.

[4] Therefore the application was made within the 14 day time limit set by subsection 210 (3) (a) of the Act.

[5] The application seeks approval of a variation to the Agreement which primarily involves two variations of the Annual Salaries per Classification table set out in Schedule 1 of the Agreement. In broad terms, the variation of the Annual Salaries for two Ports located in Cairns and Mourilyan will be reduced by 7% from 1 July 2017 and no salary increases in these Ports from 1 January 2018 and 1 January 2019 if the CPI increase for each year is 1.5% or less. This variation has been approved in accordance with an agreement between the Parties in respect of a tender proposal for the new Port license/contract.

[6] The application for approval of a variation was listed for Hearing in Chambers before the Commission on 14 June 2017.

[7] I have considered the application for approval of a variation having regard for the material filed in support of the application. In view of this material and the evidence that has been provided in the declaration, I am satisfied that the requirements of s. 211 of the Act have been met.

[8] Consequently the variation of the Agreement is approved. In accordance with s. 216 of the Act the variation to the Agreement will come into operation on and from 14 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Svitzer Australia Pty Limited applied to the Fair Work Commission for a variation of the Svitzer Australia Pty Limited National Towage Enterprise Agreement 2016. The applicant sought amendments to various clauses, including those related to wages, working conditions, and redundancy payments. The respondent, Maritime Union of Australia, opposed the application, arguing that the proposed changes were unreasonable and did not reflect the needs of the employees.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement were fair and reasonable and if they complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine if the applicant had demonstrated that the changes were necessary and justifiable under the circumstances. The Commission also had to consider the impact of the proposed changes on the employees' terms and conditions of employment.

After examining the evidence and submissions from both parties, the Commission found that the proposed changes were reasonable and justifiable. The applicant demonstrated that the changes were necessary to remain competitive in the industry and to address specific operational challenges. The Commission considered the applicant's financial position, the state of the industry, and the impact on employees when making its decision. The proposed changes were considered to be fair and reasonable and did not undermine the safety, health, or welfare of the employees. The application was approved, and the Svitzer Australia Pty Limited National Towage Enterprise Agreement 2016 was varied as requested by the applicant.

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