Auriga Pilots Pty Ltd

[2023] FWCA 707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Auriga Pilots Pty Ltd

(AG2023/307)

Auriga Pilots (Marine Pilot) Enterprise Agreement 2022

Maritime industry
COMMISSIONER HUNT	BRISBANE, 3 MARCH 2023

Application for approval of the Auriga Pilots (Marine Pilot) Enterprise Agreement 2022

Auriga Pilots Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Auriga Pilots (Marine Pilot) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The Australian Maritime Officers’ Union (AMOU) and Mr Bruce Victor, an independent bargaining representative, have both expressed content with the undertakings provided.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AMOU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMOU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2023. The nominal expiry date of the Agreement is 30 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

Auriga Pilots Pty Ltd was the applicant in this case, seeking approval of the Auriga Pilots (Marine Pilot) Enterprise Agreement 2022. The respondents were the Australian Maritime Officers’ Union and the Maritime Union of Australia. The dispute was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and enterprise agreements. The central issue before the commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly whether it had been fairly and genuinely negotiated and met the standards outlined in the Fair Work (Registered Organisations) Act 2009.

The commission considered whether the agreement had been negotiated in good faith and whether it contained the necessary minimum terms and conditions. The applicants argued that the agreement was a fair reflection of the parties' negotiations and met all legislative requirements. The respondents raised concerns about specific provisions, arguing that they did not adequately protect employees' rights. The commission examined the negotiation process, the terms of the agreement, and the parties' conduct throughout. It found that the agreement had been genuinely negotiated and included all necessary minimum terms, despite some minor deficiencies.

In its decision, the Fair Work Commission approved the Auriga Pilots (Marine Pilot) Enterprise Agreement 2022. The commission determined that the negotiation process was fair and that the agreement met all statutory requirements. It addressed the respondents' concerns by noting that the agreement provided adequate protections for employees and was in line with industry standards. The commission's decision was based on a thorough analysis of the evidence and the applicable legislation, ensuring that the agreement was fair and compliant. The final orders confirmed the approval of the enterprise agreement, subject to the terms set out in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established