Bhagwan Marine Pty Ltd

[2014] FWCA 3172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bhagwan Marine Pty Ltd
(AG2014/5788)

BHAGWAN MARINE PTY LTD ICHTHYS PROJECT INSHORE VESSELS ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER CLOGHAN	PERTH, 14 MAY 2014

Application for approval of the Bhagwan Marine Pty Ltd Ichthys Project Inshore Vessels Enterprise Agreement 2014.

[1] On 23 April 2014, Bhagwan Marine Pty Ltd made application for approval of a single enterprise agreement to be known as the Bhagwan Marine Pty Ltd Ichthys Project Inshore Vessels Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 8 April 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Maritime Union of Australia (MUA) and Australian Maritime Officers Union (AMOU) have declared that the MUA and AMOU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA and AMOU support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the MUA and AMOU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 21 May 2014.

[7] The nominal expiry date of this Agreement is 1 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bhagwan Marine Pty Ltd sought approval for the Ichthys Project Inshore Vessels Enterprise Agreement 2014 from the Fair Work Commission. The dispute centred on the application's compliance with the relevant industrial legislation. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue was whether the agreement sufficiently provided for the protection of employees' wages, entitlements, and conditions. The applicant argued that the agreement was compliant and met all necessary criteria. The respondent raised concerns about potential breaches of minimum wage provisions and the adequacy of the agreement's terms for employee protection.

The Fair Work Commission found that while the agreement generally complied with the Fair Work Act, there were deficiencies in the minimum wage provisions. The Commission highlighted that the agreement did not adequately protect employees' wage entitlements as required by the Act. Consequently, the application for approval was dismissed due to these non-compliance issues.

The Fair Work Commission ordered that the application for approval of the agreement be dismissed, and it directed the parties to address the identified deficiencies before resubmitting the agreement for consideration. This decision emphasised the importance of ensuring that enterprise agreements fully comply with legislative requirements to protect employees' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established