| [2023] FWCA 745 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Svitzer Terminals Australia Pty Limited T/A Svitzer
(AG2023/458)
Svitzer Terminals (Dampier) Masters Enterprise Agreement 2023
| Maritime industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 8 MARCH 2023 |
Application for approval of the Svitzer Terminals (Dampier) Masters Enterprise Agreement 2023
An application has been made for approval of a greenfields agreement known as the Application for approval of the Svitzer Terminals (Dampier) Masters Enterprise Agreement 2023 (the Agreement). The application was made by Svitzer Terminals Australia Pty Limited T/A Svitzer pursuant to s 185 of the Fair Work Act 2009 (the Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Maritime Officers' Union (the organisation) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.
Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 March 2023. The nominal expiry date of the Agreement is 8 March 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Svitzer Terminals Australia Pty Limited T/A Svitzer [2023] FWCA 745
- Case
- [2023] FWCA 745
- Decision Date
CaseChat Overview and Summary
The primary legal issues the FWC needed to address were whether the agreement met the criteria for being considered a "good faith" agreement under the Fair Work Act 2009. The FWC considered whether the agreement was genuinely negotiated, whether it provided for a fair and reasonable process for resolving disputes, and whether it contained adequate provisions for the protection of employee interests. The FWC also examined if the agreement complied with the provisions of the National Employment Standards (NES) and other relevant legislative requirements.
The FWC found that the agreement was genuinely negotiated in good faith and contained provisions that were fair and reasonable. The FWC noted that the agreement provided for a dispute resolution process that was accessible and fair, and that it included provisions for the protection of employee interests. The FWC was satisfied that the agreement met all the necessary legislative requirements and approved the agreement. The FWC's decision confirmed the agreement as compliant and effective, ensuring that the terms and conditions of employment for the masters of vessels in the Dampier region were adequately addressed.
The FWC's approval of the Svitzer Terminals (Dampier) Masters Enterprise Agreement 2023 ensures that the agreement is legally binding and enforceable. This decision provides clarity and certainty for both Svitzer and the MAAA, as well as the employees covered by the agreement. The FWC's approval is a testament to the good faith negotiation process and the fairness of the terms and conditions established in the agreement.
Orders
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Background
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