DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Pacific Ship Management (Australia) Pty Ltd
(AG2018/364)

SWIRE PACIFIC SHIP MANAGEMENT (AUSTRALIA) PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (MARITIME OFFSHORE OIL AND GAS INDUSTRY) ENTERPRISE AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 APRIL 2018

Application for approval of the Swire Pacific Ship Management (Australia) Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Swire Pacific Ship Management (Australia) Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swire Pacific Ship Management (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 April 2018 and, in accordance with s.54, will operate from 20 April 2018. The nominal expiry date of the Agreement is 13 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Swire Pacific Ship Management (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Swire Pacific Ship Management (Australia) Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2018. The respondents to the application included the Maritime Union of Australia, Seafarers Union of Australia, and National Seafarers' Union of Australia, as well as a number of individual employees. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, specifically concerning the classification of certain roles and the pay rates associated with these classifications.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for a fair and reasonable rate of pay, and whether it complied with the procedural requirements for the approval of an enterprise agreement. Additionally, the Commission needed to consider whether the agreement would result in the employees being covered by a single enterprise agreement rather than multiple agreements, and if this would be in the best interests of the employees.

The Fair Work Commission found that the proposed enterprise agreement met the statutory requirements for approval. The Commission determined that the pay rates and conditions provided for in the agreement were fair and reasonable, and that the agreement complied with the procedural requirements for approval. The Commission also found that the proposed agreement would result in the employees being covered by a single enterprise agreement, which was in the best interests of the employees. As such, the Commission approved the proposed enterprise agreement.

The final orders of the Commission included the approval of the Swire Pacific Ship Management (Australia) Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2018, effective from 1 July 2018. The agreement was to apply to all employees covered by the agreement, and any existing enterprise agreements between the parties were to be terminated. The Commission also ordered that the agreement be registered with the Fair Work Commission and published on the Fair Work Commission's website.

Swire Pacific Ship Management (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