Australian Port and Marine Services Pty Ltd Summary

[2020] FWC 6367

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
Commissioner Williams	PERTH, 26 NOVEMBER 2020

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

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.

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.

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.

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

The applicant, Australian Port and Marine Services Pty Ltd, sought approval of a new enterprise agreement under the Fair Work Act 2009 with the Maritime Union North West Inshore. The Federal Court was tasked with determining whether the agreement met the criteria for approval under the legislation. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions did not meet the statutory requirements.

The primary legal issue before the court was whether the agreement complied with the Fair Work Act, specifically in relation to the requirement that it be free from provisions that would have an adverse effect on the safety of workers. The union argued that certain clauses in the agreement could potentially compromise safety, while the applicant maintained that the provisions were designed to enhance safety measures. The court needed to balance these competing interests and determine whether the agreement met the necessary legal standards.

The court found that the provisions in question did not have an adverse effect on the safety of workers, as they were designed to ensure that workers were adequately trained and equipped to perform their duties safely. The court held that the applicant had demonstrated that the agreement was fair and reasonable, and that it met all the statutory requirements for approval. Consequently, the court approved the agreement, rejecting the union's objections.

The court's final order was the approval of the APMS and Maritime Union North West Inshore Agreement 2021, thereby allowing it to take effect and be binding on the parties involved. The union's objections were dismissed, and the agreement was deemed to meet all legal standards for approval under the Fair Work Act.

Australian Port and 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