Base Marine Pty Ltd

[2014] FWCA 587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Base Marine Pty Ltd
(AG2013/11929)

BASE MARINE PTY LTD ENTERPRISE AGREEMENT 2013

Stevedoring industry
COMMISSIONER WILLIAMS	PERTH, 24 JANUARY 2014

Application for approval of the Base Marine Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Base Marine Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Base Marine 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2014. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Base Marine Pty Ltd, an employer, and its employees, represented by the Maritime Union of Australia. The dispute centred around the application for approval of the Base Marine Pty Ltd Enterprise Agreement 2013. The Fair Work Commission, Australia's workplace relations tribunal, was the court in which this matter was heard.

The legal issues that the Fair Work Commission had to address were whether the Enterprise Agreement in question complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for "registration" under the Act. The Commission had to determine if the agreement was fair and whether it provided for proper processes for resolving disputes and ensuring the proper administration of the agreement.

The Fair Work Commission found that the Base Marine Pty Ltd Enterprise Agreement 2013 did not adequately provide for the resolution of disputes and the proper administration of the agreement. The Commission noted that while the agreement contained provisions for dispute resolution, these were not sufficient to ensure that disputes would be resolved in a fair and timely manner. Furthermore, the Commission found that the agreement did not provide for proper administration by including clear and specific provisions for the implementation, monitoring, and enforcement of the agreement. As a result, the Commission did not approve the application for registration of the Enterprise Agreement.

The Fair Work Commission refused the application for approval of the Base Marine Pty Ltd Enterprise Agreement 2013. The Commission found that the agreement did not meet the requirements for registration under the Fair Work Act 2009 due to inadequate provisions for dispute resolution and proper administration. The decision highlights the importance of ensuring that Enterprise Agreements contain sufficient provisions for resolving disputes and administering the agreement to be approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established