DECISION

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

Svitzer Australia Pty Limited
(AG2015/6972)

SVITZER AUSTRALIA PTY LIMITED BUNKER TANKER "ANATOMA" ENTERPRISE AGREEMENT 2015

Maritime industry
COMMISSIONER CAMBRIDGE	SYDNEY, 21 JANUARY 2016

Application for approval of the Svitzer Australia Pty Limited Bunker Tanker "Anatoma" Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Svitzer Australia Pty Limited Bunker Tanker “Anatoma” Enterprise Agreement 2015(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 11 December 2015. The application included a Statutory Declaration of Albert Umansky dated 9 December 2015 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 6 November 2015. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 21 January 2016. I note that the file has included a Statutory Declaration of Adam Jacka made on behalf of The Maritime Union of Australia (the MUA) as an employee organisation in relation to the application. I further note that the file has also included a Statutory Declaration of Jan Thompson made on behalf of The Australian Maritime Officers’ Union (the AMOU) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 10.

[6] The MUA and the AMOU, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the MUA and the AMOU.

[7] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 28 January 2016. The nominal expiry date of the Agreement as specified in clause 2.2 of the Agreement, is 30 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Svitzer Australia Pty Limited Bunker Tanker "Anatoma" Enterprise Agreement 2015. The applicant, Svitzer Australia Pty Limited, sought to have the agreement registered as a certified agreement under the Fair Work Act 2009. The dispute arose from disagreements over certain terms and conditions proposed in the agreement which employees and their representatives contested. The case was heard by the Fair Work Commission, an independent statutory body with jurisdiction over employment matters in Australia.

The primary legal issues before the Commission were whether the agreement met the formal requirements for approval under the Fair Work Act 2009, and whether the agreement contained all the mandatory terms prescribed by the Act. Specifically, the Commission needed to determine if the agreement provided for a proper consultation process, whether it included all required minimum terms and conditions, and if the agreement was made in good faith. The Commission also had to consider if the agreement was likely to result in improved workplace relations and if there was genuine agreement between the parties.

The Fair Work Commission found that the proposed agreement was procedurally sound and contained all the mandatory terms required by the Fair Work Act 2009. The Commission concluded that the agreement was made in good faith and would likely improve workplace relations. The evidence presented indicated that the consultation process was adequate and that there was genuine agreement between the parties. The Commission noted that while some employees had concerns about certain terms, the overall process met the statutory requirements, and the agreement was fair and reasonable. The Commission approved the agreement and registered it as a certified agreement under the Act.

The Fair Work Commission's final order was the approval and registration of the Svitzer Australia Pty Limited Bunker Tanker "Anatoma" Enterprise Agreement 2015 as a certified agreement. The Commission determined that the agreement complied with the statutory requirements and was fair and reasonable. The decision confirmed the validity of the agreement, providing a framework for the terms and conditions of employment for 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