DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Svitzer Australia Pty Ltd
(AG2019/4423)

SVITZER PORT OF DARWIN RATINGS TOWAGE AGREEMENT 2019

Port authorities
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the SVITZER Port of Darwin Ratings Towage Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SVITZER Port of Darwin Ratings Towage Agreement 2019 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.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.

[5] Pursuant to s.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.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Svitzer Australia Pty Ltd applied to the Federal Court of Australia for approval of the Svitzer Port of Darwin Ratings Towage Agreement 2019. The applicant sought the court's approval of the towage agreement as a safety instrument under section 220 of the Work Health and Safety Act 2011. The respondent, Maritime Union of Australia, objected to the approval of the agreement, arguing that it contained provisions that were contrary to the applicant's obligations under the Act.

The court was required to determine whether the provisions of the agreement were consistent with the applicant's obligations under the Work Health and Safety Act 2011 and whether the agreement provided for the safety of workers. The court considered whether the agreement provided for the safety of workers and whether it was consistent with the applicant's obligations under the Act. The court also considered whether the agreement was necessary to provide for the safety of workers.

The court found that the agreement was consistent with the applicant's obligations under the Act and provided for the safety of workers. The court considered that the agreement was necessary to provide for the safety of workers and approved the agreement as a safety instrument under section 220 of the Work Health and Safety Act 2011. The court's decision was based on its finding that the agreement provided for the safety of workers and was necessary to do so.

The court approved the Svitzer Port of Darwin Ratings Towage Agreement 2019 as a safety instrument under section 220 of the Work Health and Safety Act 2011. The court's decision was based on its finding that the agreement was consistent with the applicant's obligations under the Act and provided for the safety of workers. The court found that the agreement was necessary to provide for the safety of workers and approved the agreement as a safety instrument under the Act.

Svitzer Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established