Svitzer Australia Pty Limited Trading AS Svitzer Australia Pty Ltd

[2025] FWCA 2150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Svitzer Australia Pty Limited Trading AS Svitzer Australia Pty Ltd

(AG2025/1911)

SVITZER AUSTRALIA PTY LIMITED AND MUA NEWCASTLE LINES AND MOORING ENTERPRISE AGREEMENT 2025

Maritime industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 1 JULY 2025

Application for approval of the SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2025

An application has been made by Svitzer Australia Pty Limited (Applicant) for approval of an enterprise agreement known as the SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Construction, Forestry and Maritime Employees’ Union (CFMEU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the CFMEU.

The Agreement was approved on 1 July 2025 and will operate from 8 July 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Svitzer Australia Pty Limited Trading AS Svitzer Australia Pty Ltd applied for the approval of a new enterprise agreement, the Svitzer Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2025. The agreement sought to govern the employment conditions of certain employees of Svitzer Australia, who are engaged in operations related to lines and mooring at Newcastle. The Maritime Union of Australia (MUA) also participated in the application, indicating its endorsement of the proposed agreement.

The legal issues that the Commission was required to decide centred on whether the agreement complied with the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, whether it had been made in good faith, and whether it included appropriate mechanisms for dispute resolution. Furthermore, the Commission had to ensure that the agreement met the specific provisions of the Act, including those relating to minimum entitlements and the protection of employee rights.

The Commission, after careful consideration of the evidence and submissions from both parties, found that the agreement was fair and reasonable. The Commission determined that the agreement met all the statutory requirements and was made in good faith. It concluded that the agreement provided for appropriate terms and conditions that balanced the interests of both employers and employees. The Commission also found that the dispute resolution mechanisms were adequate and that the agreement did not undermine the protection of minimum entitlements. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act 2009.

The final orders of the Commission included the approval of the Svitzer Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the specified employees of Svitzer Australia, as outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established