DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bhagwan Marine Pty Ltd
(AG2016/539)

BHAGWAN MARINE PTY LTD INSHORE MARITIME ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER ROE	MELBOURNE, 30 MAY 2016

Application for approval of the Bhagwan Marine Pty Ltd Inshore Maritime Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bhagwan Marine Pty Ltd Inshore Maritime Enterprise Agreement 2016 (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] On 26 May 2016 I made a decision concerning a number of objections to the approval of the Agreement ([2016] FWC 3427). Consistent with that decision the employer provided revised undertakings and consulted with the bargaining representative about those undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 May 2016 and, in accordance with s.54, will operate from 6 June 2016. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Bhagwan Marine Pty Ltd, an applicant, sought approval of the Bhagwan Marine Pty Ltd Inshore Maritime Enterprise Agreement 2016. The respondent, Maritime Union of Australia, contested the application on the grounds that the agreement did not comply with certain provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the legal criteria for approval, including the requirement that it provide for minimum terms and conditions of employment. The central issue was whether the agreement provided for a fair and reasonable rate of pay, as well as whether it met the statutory requirements for minimum working hours and other employment conditions.

The Commission examined the terms of the agreement and the evidence presented by both parties. It considered whether the agreement provided for a fair and reasonable rate of pay, as well as whether it met the statutory requirements for minimum working hours and other employment conditions. The Commission found that the agreement provided for a fair and reasonable rate of pay and that it met the statutory requirements for minimum working hours and other employment conditions. The Commission concluded that the agreement met the legal criteria for approval and approved the agreement.

As a result of the Commission's decision, the Bhagwan Marine Pty Ltd Inshore Maritime Enterprise Agreement 2016 was approved and will apply to the employees of Bhagwan Marine Pty Ltd. The agreement sets out the terms and conditions of employment for the employees, including their rates of pay, working hours, and other employment conditions. The approval of the agreement provides certainty and stability for both the employer and the employees, and ensures that they are protected by fair and reasonable employment terms.

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