Application by Gladstone Marine Pilots Services Pty Ltd
Citation: [2026] FWCA 1794
What happened
Gladstone Marine Pilots Services Pty Ltd applied to have the Gladstone Pilot Transfer Crew Agreement 2025 approved as a single enterprise agreement. The application was made under section 185 of the Fair Work Act 2009. The Australian Maritime Officers’ Union (AMOU) indicated it wanted the agreement to cover them, which was noted by the Commission.
What was decided
The Fair Work Commission approved the Gladstone Pilot Transfer Crew Agreement 2025. the Commissioner made the decision, noting certain undertakings from the Applicant regarding dispute resolution, casual loaded rates and withholding monies at termination. The Commission found that these undertakings would not cause financial detriment to employees or substantially change the agreement. A clause relating to withholding monies at termination was identified as potentially inconsistent with the National Employment Standards (NES), but the more beneficial NES entitlements will prevail.
What it means for employers
Employers should carefully review enterprise agreements for potential inconsistencies with the National Employment Standards and provide appropriate undertakings to address any issues. They must also ensure that any financial detriment to employees is avoided when making changes to an agreement.
What it means for employees
Employees covered by the Gladstone Pilot Transfer Crew Agreement 2025 will benefit from the approved terms, but should be aware of clauses potentially inconsistent with the National Employment Standards where NES entitlements will apply instead. The AMOU will also be covered by the 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 →