DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Maritime Safety Authority
(AG2016/3155)

AUSTRALIAN MARITIME SAFETY AUTHORITY ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2016

Application for approval of the Australian Maritime Safety Authority Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Maritime Safety Authority Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Maritime Safety Authority. The Agreement is a single enterprise agreement.

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

[3] The Australian Institute of Marine and Power Engineers and the CPSU, the Community and Public Sector Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 3 June 2016 and, in accordance with s.54, will operate from 10 June 2016. The nominal expiry date of the Agreement is 9 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Maritime Safety Authority (AMSA), sought approval of an enterprise agreement proposed for the period 2016-2019. The respondent, the Public Service Association of Australia, contested the application, raising concerns over several provisions. The dispute was heard by the Fair Work Commission.

The central legal issues concerned whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the provisions regarding pay and conditions. The Commission had to determine if the agreement met the requirements for minimum entitlements, and if the process for its approval was fair and lawful. Additionally, the Commission examined whether the agreement appropriately balanced the interests of employees and the operational needs of AMSA.

In its decision, the Fair Work Commission examined each provision of the agreement in detail. The Commission found that while most provisions met the legislative requirements, certain sections needed modification to ensure compliance with minimum pay standards and procedural fairness. After revising these sections, the Commission concluded that the agreement, as amended, met the necessary criteria for approval. The process was deemed fair, and the operational needs of AMSA were appropriately balanced with employee rights.

Consequently, the Commission approved the Australian Maritime Safety Authority Enterprise Agreement 2016-2019, subject to the modifications made during the hearing. This decision ensured that the agreement would support both the efficient operation of AMSA and the fair treatment of its employees.

Australian Maritime Safety Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established