Bhagwan Marine Pty Ltd Summary

[2024] FWCA 2547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bhagwan Marine Pty Ltd

(AG2024/2210)

BHAGWAN MARINE & MUA OFFSHORE DIVING ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER DURHAM	BRISBANE, 9 JULY 2024

Application for approval of the Bhagwan Marine & MUA Offshore Diving Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bhagwan Marine & MUA Offshore Diving Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bhagwan Marine Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union (MUA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the MUA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bhagwan Marine Pty Ltd, sought approval of an enterprise agreement with the Maritime Union of Australia (MUA). The application was heard in the Fair Work Commission, with the primary focus on the provisions of the proposed agreement that pertained to employment conditions, including wages, hours of work, and dispute resolution mechanisms. The dispute centred around whether the agreement was in compliance with the Fair Work Act 2009, specifically whether it met the requirements for a 'better off overall test' (BOOT) and if the agreement was genuinely negotiated and not imposed.

The central legal issues before the Commission were whether the proposed agreement was genuinely negotiated between the parties, whether it provided a safety net of minimum terms and conditions, and whether it satisfied the BOOT. The Commission needed to determine if the agreement provided employees with terms and conditions no less favourable than the applicable awards or previous agreements, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to assess if the agreement complied with the statutory requirements under the Fair Work Act.

The Commission found that the agreement was genuinely negotiated, met the safety net requirements, and satisfied the BOOT. It was determined that the terms of the agreement provided employees with conditions that were no less favourable than the applicable awards or previous agreements. The Commission was satisfied that the agreement was made in good faith and without coercion, and that all statutory requirements under the Fair Work Act were met. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Bhagwan Marine & MUA Offshore Diving Enterprise Agreement 2024, determining that it was genuinely negotiated, met the safety net requirements, satisfied the BOOT, and complied with the statutory requirements under the Fair Work Act.

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