Application by Gladstone Marine Pilot Services Pty Ltd
Citation: [2026] FWCA 1779
What happened
Gladstone Marine Pilot Services Pty Ltd applied to have the Gladstone Marine Pilots Agreement 2025 approved. The agreement is a single enterprise agreement covering employees. The Australian Maritime Officers Union (AMOU) notified their desire for the agreement to cover them. Gladstone Marine Pilot Services provided written undertakings related to termination of employment.
What was decided
The Fair Work Commission approved the Gladstone Marine Pilots Agreement 2025. the Commissioner noted a clause regarding termination of employment was likely inconsistent with the National Employment Standards (NES). However, they were satisfied that the NES would prevail due to undertakings provided by Gladstone Marine Pilot Services. The agreement will cover the AMOU and expires on October 31, 2028.
What it means for employers
Employers should carefully review enterprise agreements to ensure consistency with the National Employment Standards (NES). Providing written undertakings can mitigate potential inconsistencies and allow for approval of an agreement. This demonstrates a commitment to employee rights even when clauses might appear conflicting.
What it means for employees
Employees covered by the Gladstone Marine Pilots Agreement 2025 should be aware that the National Employment Standards will apply where there is any conflict with the agreement’s terms, particularly regarding termination of employment. The AMOU will also be covered under this agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →