Bhagwan Marine Pty Ltd

[2013] FWCA 375

FAIR WORK COMMISSION

DECISION

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

Bhagwan Marine Pty Ltd
(AG2013/4314)

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

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 18 JANUARY 2013

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

[1] On 10 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 AMOU 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 10 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 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.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 25 January 2013.

[8] 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 applied for approval of an enterprise agreement with AMOU Gorgon Jetty and Marine Structures. The application was made under the Fair Work Act 2009, and the dispute was heard by the Fair Work Commission (FWC). The applicant sought to have the proposed agreement approved as a registered agreement, which would be protected from further industrial action by the employees covered by the agreement.

The legal issues before the FWC included whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it was in the public interest and whether it had been made in accordance with the procedural requirements of the Act. Additionally, the FWC had to consider whether the agreement provided for appropriate pay and conditions for the employees covered by it.

The FWC found that the agreement met the requirements for approval under the Fair Work Act. It held that the agreement was in the public interest and had been made in accordance with the procedural requirements of the Act. The FWC also found that the agreement provided for appropriate pay and conditions for the employees covered by it. The FWC approved the agreement and made it a registered agreement under the Act.

The FWC made an order approving the proposed enterprise agreement as a registered agreement. The agreement was to be registered on the Register of Approved Agreements and would be protected from further industrial action by the employees covered by it. The order also provided for the agreement to be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established