Aboriginal Marine Manning Pty Ltd

[2014] FWCA 5298 [Note: An appeal pursuant to s.604 (C2014/6237) was lodged against this decision - refer to Full Bench decision dated 30 October 2014 [[2014] FWCFB 7730] for result of appeal.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aboriginal Marine Manning Pty Ltd
(AG2014/6775)

ABORIGINAL MARINE MANNING ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 5 AUGUST 2014

Application for approval of the Aboriginal Marine Manning Enterprise Agreement 2014.

[1] On 11 July 2014, Aboriginal Marine Manning Pty Ltd made application for approval of a single enterprise agreement to be known as the Aboriginal Marine Manning Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 4 July 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 12 August 2014.

[6] The nominal expiry date of this Agreement is 4 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aboriginal Marine Manning Pty Ltd applied to the Fair Work Commission for approval of the Aboriginal Marine Manning Enterprise Agreement 2014. The respondents to the application were the Maritime Union of Australia and the Australian Workers' Union. The nature of the dispute centred around the validity and compliance of the proposed enterprise agreement with the relevant federal industrial legislation. The Fair Work Commission was the judicial body tasked with resolving the matter.

The central legal issues before the Commission involved whether the agreement met the necessary requirements for approval under the Fair Work Act 2009, specifically concerning the process by which the agreement was made and the fairness of its terms. The Commission needed to determine if the agreement was genuinely negotiated and if it adhered to the provisions of the Act, including whether it contained all mandatory terms and if it was free from any unfair content.

The Commission found that the Aboriginal Marine Manning Enterprise Agreement 2014 was indeed genuinely negotiated and contained all mandatory terms as required by the Fair Work Act. The Commission was satisfied that the process leading to the agreement's formation complied with the relevant provisions of the Act. The Commission also concluded that the agreement did not contain any unfair terms, and therefore, the application for approval was successful. As a result, the Fair Work Commission approved the Aboriginal Marine Manning Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established