DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Boats WA Pty Ltd
(AG2015/6461)

ALL BOATS WA PTY LTD ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2015

Application for approval of the ALL BOATS WA Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ALL BOATS WA Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Boats WA Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 22 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

All Boats WA Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the All Boats WA Pty Ltd Enterprise Agreement 2015. The applicant, being the employer, sought to have the agreement, which was made between the employer and its employees, approved under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the legal requirements for approval, including whether it provided for the proper bargaining of terms and conditions of employment.

The legal issues before the Commission involved determining whether the agreement was made in good faith, whether it contained all the mandated terms and conditions, and whether it complied with the procedural requirements of the Fair Work Act. This included examining the process through which the agreement was negotiated and whether it was made free from any improper influence or coercion. Additionally, the Commission had to assess whether the agreement was fair and reasonable in terms of its provisions and whether it complied with the relevant industrial instruments.

The Commission found that the agreement was made in good faith and contained all the required terms and conditions. It concluded that the negotiation process was fair and free from any undue influence. The Commission also found that the agreement was fair and reasonable, meeting the statutory requirements for approval. Based on these findings, the Commission approved the All Boats WA Pty Ltd Enterprise Agreement 2015. The employer's application was thus successful, and the agreement was formally approved under the Fair Work Act.

All Boats WA Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established