Ausbarge Marine Services Pty Ltd Summary

[2018] FWCA 6790

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ausbarge Marine Services Pty Ltd

(AG2018/2202)

Ausbarge Marine Services Pty Ltd Enterprise Agreement 2017

Maritime industry
Deputy President Masson	MELBOURNE, 2 NOVEMBER 2018

Application for approval of the Ausbarge Marine Services Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Ausbarge Marine Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ausbarge Marine Services Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2018. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ausbarge Marine Services Pty Ltd applied for the approval of the Ausbarge Marine Services Pty Ltd Enterprise Agreement 2017. The applicant is an employer in the maritime industry, while the respondents are maritime workers represented by unions. The dispute centres on whether the terms and conditions of employment outlined in the proposed agreement meet the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the legislative framework governing enterprise agreements, particularly focusing on provisions that impact pay, conditions, and the overall fairness of the agreement.

The key legal issues before the Commission were whether the agreement provided for appropriate pay and conditions, whether it met the "better-off overall test," and whether it contained any unlawful content. The applicant argued that the agreement was fair and balanced, providing employees with benefits and protections. The respondents, however, contended that the agreement failed to adequately protect employee rights and did not meet the statutory requirements for approval. The Commission needed to examine each clause of the agreement to ascertain if it complied with the legislative standards and if it achieved a balance that was fair and equitable for both parties.

Upon examining the agreement, the Commission found that the proposed terms and conditions generally complied with the statutory requirements. The Commission highlighted that the agreement provided for appropriate pay and conditions, including provisions for overtime, penalty rates, and annual leave. Furthermore, the Commission determined that the agreement satisfied the "better-off overall test," as it offered employees a mix of financial and non-financial benefits that made them, on balance, better off. The Commission also found no unlawful content within the agreement, thus concluding that it met all necessary legal standards for approval. The Commission approved the Ausbarge Marine Services Pty Ltd Enterprise Agreement 2017, allowing it to come into effect as a legally binding document between the employer and the employees.

Ausbarge Marine Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established