[2020] FWCA 6404

The attached wholly replaces the Decision previously issued with the code [2020]FWC6367.

Ashley Wilkins-Ricetti

Associate to Commissioner Williams

Dated 27 November 2020

[2020] FWCA 6404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Port and Marine Services Pty Ltd
(AG2020/3267)

APMS AND MARITIME UNION NORTH WEST INSHORE AGREEMENT 2021

Maritime industry
COMISSIONER WILLIAMS	PERTH, 27 NOVEMBER 2020

Application for approval of the APMS and Maritime Union North West Inshore Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the APMS and Maritime Union North West Inshore Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Port and Marine Services Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Maritime Union of Australia, 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2020. The nominal expiry date of the Agreement is 28 May 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Port and Marine Services Pty Ltd sought approval for an enterprise agreement with the Maritime Union North West Inshore. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The union and the employer argued that the agreement was fair and appropriate for the employees it covered. The primary dispute centred on whether the terms of the agreement were consistent with the legislative requirements for enterprise agreements, including provisions for employee protections, dispute resolution, and procedural fairness.

The legal issues before the FWC involved assessing whether the agreement complied with the statutory criteria set out in the Fair Work Act. Specifically, the FWC needed to determine if the agreement contained the required terms, if it was free from prohibited content, and if it was appropriately negotiated. The union and the employer submitted various documents and evidence to support their position that the agreement was fair and reasonable, taking into account the nature of the work and the bargaining power of the parties. The FWC examined the evidence and submissions to ascertain whether the agreement met the legislative standards.

The FWC concluded that the agreement was fair and appropriate, meeting the requirements of the Fair Work Act. The FWC found that the agreement contained all the necessary terms and was free from prohibited content. The commission was satisfied that the agreement was appropriately negotiated and represented a genuine bargain between the parties. The FWC approved the APMS and Maritime Union North West Inshore Agreement 2021, noting the balance achieved between the needs of the employer and the rights of the employees.

Australian Port and Marine Services 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