DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Svitzer Australia Pty Ltd
(AG2017/2491)

SVITZER NEW SOUTH WALES OPERATIONS CENTRE ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER MCKINNON	MELBOURNE, 13 SEPTEMBER 2017

Application for approval of the SVITZER New South Wales Operations Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SVITZER New South Wales Operations Centre Enterprise Agreement 2017 (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 Applicant 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.

[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 Maritime Union of Australia 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 20 September 2017. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Svitzer Australia Pty Ltd, sought approval of the Svitzer New South Wales Operations Centre Enterprise Agreement 2017 under section 186 of the Fair Work Act 2009. The respondent, Maritime Union of Australia, did not oppose the application but did raise concerns regarding the agreement's provisions. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the agreement complied with the procedural and substantive requirements set by the Fair Work Act. The court had to examine if the necessary steps were followed in the bargaining process and if the terms of the agreement met the legislative criteria for approval, including ensuring fair and reasonable terms for employees.

The court found that the application met all procedural and substantive requirements. It held that the agreement was appropriately negotiated and contained fair and reasonable terms for the employees. The court confirmed that there was no evidence suggesting coercion or unfairness in the bargaining process and that the agreement provided adequate protections and benefits. The court was satisfied that the agreement was consistent with the provisions of the Fair Work Act.

The court approved the Svitzer New South Wales Operations Centre Enterprise Agreement 2017. The agreement was deemed to be fair and reasonable, meeting all legal criteria for approval. The court's decision was based on the comprehensive evidence presented and the absence of any procedural flaws or substantive issues that would warrant disapproval.

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