DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austal Ships Pty Ltd
(AG2015/7426)

AUSTAL (AUSTRALIAN OPERATIONS) ENTERPRISE AGREEMENT 2015-2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2015

Application for approval of the Austal (Australian Operations) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Austal (Australian Operations) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austal Ships 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2019. The nominal expiry date of the Agreement is 20 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Austal Ships Pty Ltd applied to the Fair Work Commission for approval of the Austal (Australian Operations) Enterprise Agreement 2015-2019. The application was opposed by the Maritime Union of Australia. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The Fair Work Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with all relevant legislative provisions.

The Commission considered several key legal issues, including whether the agreement met the "better off overall test" (BOOT) which requires that employees be no worse off financially under the new agreement than they would be under the previous agreement or applicable law. The Commission also examined whether the agreement contained provisions that were contrary to public policy, and whether it included terms that were discriminatory or unfair. Additionally, the Commission assessed whether the agreement was made in accordance with the requirements of the Fair Work Act, including proper consultation and notice provisions.

After thorough examination of the evidence and arguments presented by both parties, the Commission concluded that the Austal (Australian Operations) Enterprise Agreement 2015-2019 was fair and reasonable in all its terms. The Commission found that the agreement met the BOOT, did not contain any provisions contrary to public policy, and complied with all legislative requirements. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Austal (Australian Operations) Enterprise Agreement 2015-2019, finding it met all statutory requirements and was fair and reasonable. The Commission's decision was based on a comprehensive analysis of the agreement's provisions, the evidence presented, and the application of relevant legal principles. This approval ensures that the terms and conditions of employment under the agreement are legally enforceable and compliant with the Fair Work Act.

Austal Ships 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