Bhagwan Marine Pty Ltd

[2013] FWCA 866

FAIR WORK COMMISSION

DECISION

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

Bhagwan Marine Pty Ltd
(AG2013/4671)

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

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 7 FEBRUARY 2013

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

[1] On 24 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 MUA 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 24 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] 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.

[6] The Maritime Union of Australia (MUA) has declared that the MUA 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 MUA 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 MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 14 February 2013.

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

COMMISSIONER

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CaseChat Overview and Summary

Bhagwan Marine Pty Ltd was involved in an application before the Fair Work Commission regarding the approval of the Bhagwan Marine Pty Ltd and MUA Gorgon Jetty and Marine Structures Contract Enterprise Agreement 2012. The dispute arose as parties contested the validity and fairness of the agreement in question. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act 2009. A significant focus was on whether the agreement had been appropriately negotiated and whether it contained the required minimum terms and conditions as stipulated by the legislation. The Commission also had to consider the fairness of the agreement in terms of its impact on employees and the balance of interests between the employer and the employees.

In examining these issues, the Fair Work Commission determined that the agreement was indeed a genuine enterprise agreement and met the criteria for approval. The Commission found that the agreement had been negotiated in good faith and included all the required minimum terms and conditions. Additionally, the Commission concluded that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the agreement, recognising its compliance with the legislative framework and its fairness to all parties involved.

The Fair Work Commission's decision was to approve the Bhagwan Marine Pty Ltd and MUA Gorgon Jetty and Marine Structures Contract Enterprise Agreement 2012. This approval signifies that the agreement is now legally binding and enforceable under the Fair Work Act 2009. The approval also means that the terms and conditions outlined in the agreement will govern the employment relationship between the parties involved, ensuring compliance with the legal standards set forth by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established