Bhagwan Marine Pty Ltd T/A Bhagwan Marine

[2022] FWCA 241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bhagwan Marine Pty Ltd T/A Bhagwan Marine

(AG2021/9169)

Bhagwan Marine and Maritime Union North West Inshore Agreement 2021

Maritime industry
COMMISSIONER WILLIAMS	PERTH, 28 JANUARY 2022

Application for approval of the Bhagwan Marine and Maritime Union North West Inshore Agreement 2021

An application has been made for approval of an enterprise agreement known as the Bhagwan Marine and Maritime Union North West Inshore Agreement 2021 (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 T/A Bhagwan Marine. The Agreement is a single-enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 1 October 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bhagwan Marine Pty Ltd, trading as Bhagwan Marine, sought approval of the Bhagwan Marine and Maritime Union North West Inshore Agreement 2021 in the Federal Circuit and Family Court of Australia. The dispute centred on the terms of the agreement and whether it complied with relevant industrial relations laws. Bhagwan Marine, as the employer, and the Maritime Union of Australia, representing the employees, had negotiated the agreement to regulate employment conditions within the inshore maritime industry. The court's role was to determine whether the agreement was fit for purpose and adhered to the requirements of the Fair Work Act 2009.

The primary legal issues before the court involved assessing whether the agreement was a "simple, genuine, direct and clear" expression of the parties' intentions and whether it was consistent with the Fair Work Act. The court had to consider whether the agreement covered all necessary aspects, including the terms and conditions of employment, and whether it complied with the procedural requirements for registering such agreements. The court also needed to ensure that the agreement was not disadvantageous to employees and that it did not undermine the broader principles of the industrial relations system.

In its judgment, the court found that the agreement met the statutory criteria for approval. The agreement was clear, straightforward, and directly expressed the intentions of the parties involved. It provided for comprehensive terms and conditions of employment, including wages, hours of work, leave provisions, and dispute resolution mechanisms. The court concluded that the agreement was fair and balanced, with no provisions that would disadvantage employees. Additionally, the court was satisfied that all procedural requirements for registration had been met. Consequently, the court granted approval for the agreement to be registered.

As a result of the court's decision, the Bhagwan Marine and Maritime Union North West Inshore Agreement 2021 was approved and registered. This ruling ensures that the terms of the agreement will govern the employment conditions for the relevant workforce, providing a clear framework for future industrial relations within the inshore maritime industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established