Svitzer Australia Pty Ltd Summary

[2017] FWCA 4480

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Svitzer Australia Pty Ltd

(AG2017/2264)

SVITZER Australia Ply Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2017

Port authorities
Commissioner Wilson	MELBOURNE, 29 AUGUST 2017

Application for approval of the SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the SVITZER Australia Pty Limited and MUA Newcastle Lines and Mooring 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.

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.

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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Svitzer Australia Pty Ltd to obtain approval for the Svitzer Australia Pty Ltd and MUA Newcastle Lines and Mooring Enterprise Agreement 2017. This agreement was entered into between the company and the Maritime Union of Australia. The application was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over employment and industrial relations matters.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval under the legislation. Specifically, the Commission needed to assess if the agreement was "better off overall" for the employees and if it adhered to the process outlined in the Fair Work Act for approving such agreements.

The Fair Work Commission found that the agreement was indeed "better off overall" for the employees, as it provided for a number of improvements, including wage increases, enhanced leave entitlements, and better working conditions. The Commission also determined that the agreement had been negotiated in good faith and followed the required process as outlined in the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the relevant legislation.

The Fair Work Commission's final order was the approval of the Svitzer Australia Pty Ltd and MUA Newcastle Lines and Mooring Enterprise Agreement 2017, which was deemed to be in the best interests of the employees and compliant with the requirements of the Fair Work Act.

Svitzer Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established