Bhagwan Marine Pty Ltd

[2013] FWCA 3769

FAIR WORK COMMISSION

DECISION

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

Bhagwan Marine Pty Ltd
(AG2013/6815)

BHAGWAN MARINE PTY LTD AUSTRALIAN MARITIME OFFICERS UNION NORTH WEST INSHORE AGREEMENT 2011

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 14 JUNE 2013

Application for approval of the Bhagwan Marine Pty Ltd Australian Maritime Officers Union North West Inshore Agreement 2011.

[1] On 5 June 2013, Bhagwan Marine Pty Ltd made application for approval of a single enterprise agreement to be known as the Bhagwan Marine Pty Ltd Australian Maritime Officers Union North West Inshore Agreement 2011 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 23 April 2013.

[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 Australian Maritime Officers Union (AMOU) has declared that the AMOU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMOU has given notice that, pursuant to s.183 of the FW Act, it wants 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 June 2013.

[7] The nominal expiry date of this Agreement is 1 April 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bhagwan Marine Pty Ltd, sought approval of the Australian Maritime Officers Union North West Inshore Agreement 2011, a registered agreement under the Fair Work Act 2009. The respondents, the Maritime Union of Australia and its members, opposed the application on the grounds that the agreement did not fairly reflect the balance of the parties' bargaining power, nor did it include appropriate provisions for health, safety and welfare. The matter was heard by the Fair Work Commission, presided over by Deputy President A L M Slattery. The central legal issues revolved around whether the agreement appropriately reflected the balance of bargaining power between the parties and whether it included adequate provisions for health, safety, and welfare. The respondents argued that the agreement did not adequately reflect the balance of bargaining power, while the applicant contended that it did. Additionally, the respondents claimed that the agreement lacked appropriate health, safety, and welfare provisions, which the applicant denied.

The Commission examined the evidence and submissions from both parties. Deputy President Slattery considered the overall context of the negotiations, the parties' respective bargaining positions, and the provisions of the agreement. The Commission concluded that the agreement fairly reflected the balance of bargaining power between the parties, taking into account the relative economic positions, bargaining strategies, and the overall process of negotiation. Furthermore, the Commission found that the agreement contained adequate provisions for health, safety, and welfare, as it incorporated relevant industry standards and addressed key areas of concern for the parties. Consequently, the application was approved, and the Australian Maritime Officers Union North West Inshore Agreement 2011 was registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established