austlii:cth/FWCA/2025/4456
General information, not legal advice.
FWCA
2025-12-24
Original judgment source is linked above.
s.185 - Enterprise agreement
Application for approval of the Odyssey Towage Enterprise Agreement 2025
[1] Strategic Workforce Solutions Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Odyssey Towage Enterprise Agreement 2025 (the Agreement).
[2] The Applicant has made requests for confidentiality regarding the identity of the employee bargaining representatives for the Agreement. I am satisfied that the request should be granted and, in accordance with section 594(1) of the Act, Order that:
The signature page of the Agreement be redacted;
The contact information for the employee bargaining representatives provided on the Form F16 Application are to be kept confidential from persons who are not parties or bargaining representatives to the Agreement;
Any contact information for employees found on material accompanying the application remains confidential and redacted; and
The original copies of the Agreement and any original documentation provided to the Commission containing the names and contact details of employees or bargaining representatives are to remain sealed on the Commission file and not to be opened without application to the Commission and notification to the Applicant.
[3] The Maritime Union of Australia (MUA) contacted the Commission with respect to approval of the Agreement and sought a copy of the application materials. Redacted versions of the application materials were provided to the MUA.
[4] The MUA subsequently confirmed it did not seek to be heard in relation to the application.
[5] The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
[6] In compliance with section 190(4) of the Act, the bargaining representative's views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
[7] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 December 2025. The nominal expiry date of the Agreement is 24 December 2029.

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