Townsville Marine Logistics Pty Ltd Summary

[2023] FWCA 2203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Townsville Marine Logistics Pty Ltd

(AG2023/2177)

TOWNSVILLE MARINE LOGISTICS ENTERPRISE AGREEMENT 2023

Stevedoring industry
COMMISSIONER CRAWFORD	SYDNEY, 17 JULY 2023

Application for approval of the Townsville Marine Logistics Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Townsville Marine Logistics Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Townsville Marine Logistics Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

Noting clause 1.2(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Maritime Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

Townsville Marine Logistics Pty Ltd, an employer, applied for approval of the Townsville Marine Logistics Enterprise Agreement 2023, which detailed the terms and conditions of employment for its employees. The Australian Maritime Officers' Union (AMOU), representing the employees, opposed the application. The case was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely agreed upon by the employer and the union.

In considering these issues, the Commission examined the provisions of the agreement, including those related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also assessed submissions from both parties, including the AMOU's objections to certain clauses. The employer argued that the agreement reflected a fair and reasonable balance of interests and had been negotiated in good faith. The AMOU contended that certain terms were unfair and did not reflect genuine agreement. After evaluating the evidence and arguments presented, the Commission concluded that the agreement was fair and reasonable and had been genuinely agreed upon. The Commission found that the employer had demonstrated a commitment to fair and reasonable terms and conditions, and that the union had negotiated in good faith.

The Fair Work Commission approved the Townsville Marine Logistics Enterprise Agreement 2023. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and had been genuinely agreed upon by the parties. The Commission noted the importance of the agreement in providing certainty and stability for employees and employers alike. The approval of the agreement will ensure that employees receive fair wages and conditions, while also providing employers with the flexibility to manage their businesses effectively. The decision provides clarity and guidance for future negotiations between employers and unions in the maritime industry.

Townsville Marine Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established