DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Reef Pilots Pty Ltd
(AG2020/3104)

AUSTRALIAN REEF PILOTS (MARINE PILOTS) ENTERPRISE AGREEMENT 2020

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 NOVEMBER 2020

Application for approval of the Australian Reef Pilots (Marine Pilots) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reef Pilots (Marine Pilots) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Reef Pilots Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of 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 Australian Maritime Officers Union (AMOU) 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) I note that the Agreement covers the organisation.

[5] 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 25 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Reef Pilots Pty Ltd was the applicant seeking approval for their Enterprise Agreement, a matter that came before the Fair Work Commission. The dispute involved the terms and conditions of employment for marine pilots, and the legal issues centred around whether the agreement complied with the relevant statutory provisions and if it was made in good faith.

The central legal issues were whether the agreement was made genuinely and in good faith, and whether it met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, and was made in good faith, while the respondent raised concerns about certain terms and conditions in the agreement. The court had to examine the process of making the agreement and whether the applicant had genuinely attempted to negotiate with the respondents.

The Fair Work Commission assessed the evidence presented by both parties, including the process of negotiation and the terms of the agreement. The Commission found that the applicant had genuinely negotiated and attempted to reach an agreement, and that the agreement met the statutory requirements. The Commission approved the Enterprise Agreement, noting that it was fair and reasonable, and was made in good faith. The decision was based on a comprehensive evaluation of the negotiation process and the terms of the agreement, which demonstrated compliance with the relevant legislation.

The final orders of the Fair Work Commission approved the Australian Reef Pilots (Marine Pilots) Enterprise Agreement 2020, recognising it as a lawful and valid agreement under the Fair Work Act 2009. This decision affirmed the legitimacy of the agreement and the process by which it was made, providing certainty for both the applicant and the respondents.

Australian Reef Pilots 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