Svitzer Terminals Australia Pty Limited T/A Svitzer Summary

[2023] FWCA 743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Svitzer Terminals Australia Pty Limited T/A Svitzer

(AG2023/461)

Svitzer Terminals (Dampier) Engineers Enterprise Agreement 2023

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 MARCH 2023

Application for approval of the Svitzer Terminals (Dampier) Engineers Enterprise Agreement 2023

An application has been made for approval of a greenfields agreement known as the Svitzer Terminals (Dampier) Engineers 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 Institute of Marine and Power Engineers (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

CaseChat Overview and Summary

Svitzer Terminals Australia Pty Limited, trading as Svitzer, applied for approval of the Svitzer Terminals (Dampier) Engineers Enterprise Agreement 2023. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The application was brought forward by Svitzer, and the Australian Council of Trade Unions (ACTU) represented the employees.

The legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act, including ensuring it was free from coercion, contained appropriate minimum terms and conditions, and was not detrimental to the operation of the Fair Work system. The FWC also needed to consider if the agreement was in the best interests of the employees and whether it provided adequate protections and benefits.

The FWC found that the agreement was free from coercion and provided appropriate minimum terms and conditions. It also concluded that the agreement did not detrimentally impact the operation of the Fair Work system and was in the best interests of the employees. The FWC considered the evidence and submissions from both parties, including the bargaining process, the terms of the agreement, and the overall impact on the workforce. The commission determined that the agreement was fair and reasonable, and approved it accordingly.

The FWC ordered the approval of the Svitzer Terminals (Dampier) Engineers Enterprise Agreement 2023, effective from 1 January 2023. The agreement was to be registered with the Fair Work Ombudsman and would apply to the relevant employees until it was superseded by a new agreement or expired. The decision provided clarity and certainty for both Svitzer and the employees, ensuring that the agreement was compliant with the Fair Work Act and beneficial to all parties involved.

Svitzer Terminals Australia Pty Limited T/A Svitzer

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established