Bhagwan Marine Pty Ltd Summary

[2013] FWCA 948

FAIR WORK COMMISSION

DECISION

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

Bhagwan Marine Pty Ltd
(AG2013/4738)

BHAGWAN MARINE PTY LTD AND AIMPE GORGON JETTY AND MARINE STRUCTURES CONTRACT ENTERPRISE AGREEMENT 2012

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 11 FEBRUARY 2013

Application for approval of the Bhagwan Marine Pty Ltd and AIMPE Gorgon Jetty and Marine Structures Contract Enterprise Agreement 2012.

[1] On 29 January 2013, Bhagwan Marine Pty Ltd made application for approval of a single enterprise agreement to be known as the Bhagwan Marine Pty Ltd and AIMPE Gorgon Jetty and Marine Structures Contract Enterprise Agreement 2012 (“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 11 December 2012.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 29 January 2013.

[4] 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.

[5] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[6] 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.

[7] The Australian Institute of Marine and Power Engineers (AIMPE) has declared that AIMPE 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, AIMPE 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 Institute’s knowledge. Finally, AIMPE has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[8] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 18 February 2013.

[9] The nominal expiry date of this Agreement is 31 July 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bhagwan Marine Pty Ltd, an applicant, sought approval of an enterprise agreement with AIMPE Gorgon Jetty and Marine Structures, the respondent. The dispute was heard by the Fair Work Commission, where the central issue was whether the agreement met the requirements for registration under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the procedural fairness requirements and if it was made in good faith.

The Commission examined the process by which the agreement was negotiated and whether it adhered to the statutory provisions. It was crucial to assess if the agreement provided adequate protections for the employees and if the process was transparent and fair. Additionally, the Commission had to ensure that the agreement was not made under duress or coercion. Upon review, the Commission found that the agreement had been negotiated and entered into in compliance with the relevant provisions of the Act. It was determined that the agreement was made in good faith and that the necessary procedural safeguards were observed.

As a result, the Commission approved the enterprise agreement, finding that it met all the necessary legal criteria. The approval was based on the evidence presented, which demonstrated that the agreement had been negotiated fairly and without coercion. The Commission's decision was grounded in the statutory requirements and the principles of procedural fairness. The agreement was registered, providing a legally binding framework for the employment relationship between the parties.

Bhagwan Marine Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established