DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Svitzer Australia Pty Ltd T/A Svitzer Australia Pty Ltd
(AG2019/1979)

SVITZER AUSTRALIA PTY LTD AND MARITIME UNIONS PORT OF FREMANTLE LINES AND LAUNCHES ENTERPRISE AGREEMENT 2019

Maritime industry
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2019

Application for approval of the Svitzer Australia Pty Ltd and Maritime Unions Port of Fremantle Lines and Launches Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Svitzer Australia Pty Ltd and Maritime Unions Port of Fremantle Lines and Launches Enterprise 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 T/A Svitzer Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union and The Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Svitzer Australia Pty Ltd, trading as Svitzer Australia Pty Ltd, applied for the approval of the Svitzer Australia Pty Ltd and Maritime Unions Port of Fremantle Lines and Launches Enterprise Agreement 2019. The application was brought before the Fair Work Commission, where the Maritime Union of Australia challenged the approval on various grounds. The union argued that the agreement did not meet the requirements for a genuine enterprise agreement, and that certain provisions were unfair.

The central legal issues the court had to resolve were whether the agreement was genuinely an enterprise agreement and whether it contained any unfair content. The court examined the agreement's compliance with the Fair Work Act 2009 and considered whether it was negotiated in good faith and covered all the employees it purported to cover. The union's challenge to the agreement's fairness centred on specific provisions relating to remuneration and conditions of employment.

In its decision, the Fair Work Commission found that the agreement was genuinely an enterprise agreement and that it had been negotiated in good faith. The court noted that while some of the union's arguments had merit, they did not sufficiently undermine the overall validity of the agreement. The commission held that the provisions challenged by the union were not unfair, as they did not disadvantage the employees to an unacceptable degree. The court approved the agreement, finding that it met the necessary criteria under the Fair Work Act.

The final orders of the commission were that the Svitzer Australia Pty Ltd and Maritime Unions Port of Fremantle Lines and Launches Enterprise Agreement 2019 be approved as a certified agreement. This decision allows the agreement to be registered and enforceable, providing a framework for the employment conditions of the parties involved.

Svitzer Australia Pty Ltd T/A 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