DECISION

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

Bhagwan Marine Pty Ltd
(AG2019/4063)

BHAGWAN MARINE AND MARITIME UNION NORTH WEST INSHORE AGREEMENT 2019

Port authorities
COMMISSIONER WILLIAMS	PERTH, 11 DECEMBER 2019

Application for approval of the Bhagwan Marine and Maritime Union North West Inshore Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bhagwan Marine and Maritime Union North West Inshore Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2019. The nominal expiry date of the Agreement is 30 July 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bhagwan Marine Pty Ltd, an Australian shipping company, applied to the Fair Work Commission for approval of the Bhagwan Marine and Maritime Union North West Inshore Agreement 2019. The Maritime Union of Australia, a trade union representing maritime workers, opposed the application. The central dispute centred around whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the requirements of section 233 of the Fair Work Act, which mandates that an enterprise agreement must provide for, amongst other things, the terms and conditions of employment. The court also needed to determine if the agreement appropriately addressed any additional matters that the Fair Work Commission considered relevant, such as the impact on the employees' working conditions and the fairness of the terms proposed.

The Fair Work Commission examined the terms of the agreement and found it to be comprehensive in covering the employment conditions for the maritime workers. The Commission was satisfied that the agreement met all statutory requirements, including the provision of fair and reasonable terms and conditions of employment. The Commission also noted that the agreement provided for adequate dispute resolution mechanisms and that it was negotiated in good faith. Therefore, the Commission approved the agreement, confirming that it complied with all legal standards necessary for approval.

Bhagwan Marine Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established