DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bhagwan Marine Pty Ltd
(AG2015/5946)

BHAGWAN MARINE PTY LTD NORTHERN TERRITORY VESSEL AND MARITIME UNIONS ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER ROE	MELBOURNE, 30 OCTOBER 2015

Application for approval of the Bhagwan Marine Pty Ltd Northern Territory Vessel and Maritime Unions Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bhagwan Marine Pty Ltd Northern Territory Vessel and Maritime Unions Enterprise Agreement 2015 (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. 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.

[3] The Australian Institute of Marine and Power Engineers, The Australian Maritime Officers’ Union and The Maritime Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 30 October 2015 and, in accordance with s.54, will operate from 6 November 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bhagwan Marine Pty Ltd, applied to the Fair Work Commission for the approval of the Bhagwan Marine Pty Ltd Northern Territory Vessel and Maritime Unions Enterprise Agreement 2015. The dispute centred on whether the enterprise agreement met the criteria under the Fair Work Act 2009 for being a lawful and valid agreement. The Commission was tasked with determining whether the agreement was fairly and properly negotiated and if it contained all the necessary provisions as stipulated by the Act.

The key legal issues before the Commission were whether the agreement was genuinely negotiated between the parties and if it contained all the mandated minimum terms and conditions as required by the Fair Work Act. Additionally, the Commission had to consider if the agreement was consistent with the principles of good faith bargaining and whether it complied with the procedural requirements for enterprise agreements. The Commission also needed to examine if the agreement met the standards of procedural fairness and if it adhered to the requirements for disclosure and consultation.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and contained all the mandated minimum terms and conditions. The Commission was satisfied that the bargaining process was conducted in good faith and that all procedural requirements were met. The agreement was deemed to be consistent with the principles of good faith bargaining and met the standards of procedural fairness. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Bhagwan Marine Pty Ltd Northern Territory Vessel and Maritime Unions Enterprise Agreement 2015, confirming its compliance with the Fair Work Act and its procedural fairness. The Commission determined that the agreement was fairly negotiated and included all the necessary minimum terms and conditions. The parties were directed to implement the agreement in accordance with the 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