DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Svitzer Australia Pty Ltd
(AG2017/773)

SVITZER QUEENSLAND OPERATIONS CENTRE ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2017

Application for approval of the Svitzer Queensland Operations Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Svitzer Queensland 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2017. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Svitzer Australia Pty Ltd, a shipping and marine services company, applied to the Fair Work Commission (FWC) for approval of the Svitzer Queensland Operations Centre Enterprise Agreement 2017. The application was made under section 234 of the Fair Work Act 2009. The FWC was required to decide whether the agreement met the criteria for direct approval and whether it contained appropriate dispute resolution procedures. The company argued that the agreement was fair and appropriate for its employees, while the union contended that certain provisions were unfair and did not comply with the statutory requirements.

The FWC examined the agreement's provisions concerning pay rates, hours of work, and leave entitlements. The Commission also considered the agreement's dispute resolution mechanisms. In its decision, the FWC found that the agreement met the criteria for direct approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, including appropriate dispute resolution procedures. The FWC noted that the union's objections did not establish that the agreement was unfair or did not meet the statutory requirements.

The FWC approved the agreement, finding that it was appropriate for direct approval. The union's concerns about certain provisions were not sufficient to prevent the agreement from being approved. The FWC concluded that the agreement was fair and reasonable and provided for appropriate dispute resolution procedures. The union's objections were not upheld, and the agreement was approved in its entirety.

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