Bhagwan Marine Pty Ltd Summary

[2023] FWCA 868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bhagwan Marine Pty Ltd

(AG2023/314)

APPLICATION FOR APPROVAL OF THE BHAGWAN MARINE & MUA WA INSHORE DIVING ENTERPRISE AGREEMENT 2022

Diving services
COMMISSIONER SIMPSON	BRISBANE, 22 MARCH 2023

Application for approval of the Bhagwan Marine & MUA WA Inshore Diving Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bhagwan Marine & MUA WA Inshore Diving Enterprise Agreement 2022 (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 Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

The Maritime Union of Australia A Division of Construction Forestry Maritime Mining and Energy 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.

COMMISSIONER SIMPSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were Bhagwan Marine Pty Ltd and the Maritime Union of Australia Western Australia Branch. The issue at hand was the application for the approval of the Bhagwan Marine & MUA WA Inshore Diving Enterprise Agreement 2022. The application was brought before the Fair Work Commission, which has jurisdiction over employment-related disputes and agreements in Australia.

The legal issues before the Commission included whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "independent" bargaining, if the agreement contained the necessary minimum terms and conditions, and if the agreement was free from any unfair content. The Commission also considered whether the agreement provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement was the product of independent bargaining and contained all the necessary minimum terms and conditions as required by the Act. The Commission also determined that the agreement did not include any unfair content and provided for appropriate dispute resolution mechanisms. As a result, the Commission approved the Bhagwan Marine & MUA WA Inshore Diving Enterprise Agreement 2022. The approval was granted based on the evidence presented and the findings of the Commission that the agreement met the legal requirements set out in the Fair Work Act 2009.

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