austlii:cth/FWCA/2026/247
General information, not legal advice.
FWCA
2026-02-05
Original judgment source is linked above.
ENGAGE MARINE PTY LTD TOWNSVILLE TOWAGE SERVICES UNION COLLECTIVE AGREEMENT 2025
Application for approval of the Engage Marine Pty Ltd Townsville Towage Services Union Collective Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Engage Marine Pty Ltd Townsville Towage Services Union Collective Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Engage Marine Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] I sought submissions from the bargaining representatives on whether the workplace delegates' rights clause in the Agreement was more beneficial than clause 26A in the Marine Towage Award 2020. When assessed holistically, I am satisfied that the workplace delegates' rights clause in the Agreement is more beneficial. It provides more flexibility and provides delegates with opportunities to access paid leave to attend forums and unpaid leave to work with the union.
[4] The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees' Union (MUA), Australian Maritime Officers Union (AMOU) and the Australian Institute of Marine and Power Engineers (AIMPE) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note the Agreement covers these organisations.
[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2029.
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