Maritime employment law win for maritime officers and marine engineers
Hall Payne Lawyers secured a significant maritime workers win for members of the Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers in an appeal to a Full Bench of the Fair Work Commission. This is an important example of maritime workers’ rights being protected through strong union representation and careful industrial legal advice.
Background to the enterprise agreement appeal
The unions and the employer reached agreement over the terms of the ASP Ship Management/RTM Officers Enterprise Agreement 2017 and applied to the Fair Work Commission to have it approved. At first instance, the Commission decided that one term of the agreement was discriminatory. It declined to approve the agreement unless the employer provided an undertaking that the term be of no effect. The employer gave the undertaking, and the agreement was approved.
What was the clause in dispute?
Maritime officers are required to obtain certificates of competency before maritime authorities will permit them to work. The disputed clause related to compensation for loss of those certificates.
Many enterprise agreements in the maritime industry contain clauses that provide compensation on a graded scale. Younger officers may receive more compensation because they have longer remaining in their seagoing career, with the amount gradually decreasing as they approach retirement age.
Fair Work Commission appeal outcome
The principal argument advanced on appeal was that the clause was not age-related discrimination. A Full Bench of the Fair Work Commission accepted that argument, finding that the clause treated employees differently because of the period of seagoing career lost, not because of age.
The Full Bench also found that the undertaking imposed a financial detriment on employees, who would have lost access to a valuable entitlement. The appeal was allowed, and the agreement came into operation with the loss of certificate compensation clause in full effect.
Legal rights of maritime workers and seafarers
This decision highlights the legal rights of maritime workers and seafarers, particularly where enterprise agreement entitlements are at risk. It also shows how Australian employment law protects maritime workers when unions challenge decisions affecting agreed workplace benefits.
Facing a dispute over your enterprise agreement, certificate compensation or union entitlements? Hall Payne Lawyers assists with workplace disputes for maritime workers, industrial relations in maritime industry matters, industrial employment law in Australia, seafarers’ employment rights in Australia and maritime union workers’ rights. Get advice before you act.
Maritime employment law FAQs
What are maritime workers’ employment rights in Australia?
Maritime workers’ employment rights in Australia may include rights under enterprise agreements, industrial instruments, workplace laws and union representation arrangements
When should maritime workers seek legal advice?
Workers should seek maritime workers workplace dispute legal advice in Australia when entitlements, certificates, dismissal, underpayment, enterprise agreements or workplace disputes may affect their employment.
Can unions help protect maritime workplace rights?
Union representation rights for maritime employees can help protect workplace entitlements, challenge unfair decisions and ensure employees have support in industrial disputes.
Are there employment lawyers for maritime workers in Australia?
Employment lawyers for maritime workers in Australia can assist with enterprise agreement disputes, Fair Work Commission matters, workplace entitlements and union-related employment issues.