DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bhagwan Marine Pty Ltd T/A Bhagwan Marine
(AG2015/5943)

BHAGWAN MARINE PTY LTD NORTH WEST VESSEL AND MARITIME UNIONS ENTERPRISE AGREEMENT 2015

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 19 NOVEMBER 2015

Application for approval of the Bhagwan Marine Pty Ltd North West 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 North West 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 t/a Bhagwan Marine. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Maritime Union of Australia, The Australian Institute of Marine and Power Engineers and the Australian Maritime Officers Union being the 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 19 November 2015 and, in accordance with s.54, will operate from 26 November 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bhagwan Marine Pty Ltd T/A Bhagwan Marine, the applicant, sought approval of the North West Vessel and Maritime Unions Enterprise Agreement 2015 from the Fair Work Commission (FWC). The dispute arose from the applicant's application for the approval of an enterprise agreement which it had entered into with certain employees represented by the North West Vessel and Maritime Unions. The matter was heard in the FWC, a specialist tribunal established under the Fair Work Act 2009 to oversee the enforcement of workplace laws.

The legal issues before the FFW were whether the enterprise agreement complied with the provisions of the Fair Work Act and whether it met the requirements for approval under the Act. Specifically, the Commission needed to determine if the agreement provided for the fair treatment of employees, if it was free from any improper influence or coercion, and if it contained provisions that were contrary to public policy. The FWC also had to consider whether the agreement had been genuinely negotiated between the parties and if it was in the best interests of the employees.

The FWC found that the enterprise agreement complied with the requirements of the Fair Work Act. The agreement was considered to be fair and reasonable, and it did not contain any provisions that were contrary to public policy. The FWC was satisfied that the agreement had been genuinely negotiated and that it was in the best interests of the employees. The Commission noted that the agreement provided for the fair treatment of employees, including provisions for minimum wages, hours of work, and conditions of employment. The FWC also found that the agreement was not influenced by any improper conduct and that it met all the statutory requirements for approval.

The FWC approved the North West Vessel and Maritime Unions Enterprise Agreement 2015, subject to certain conditions. These conditions included the requirement that the applicant provide the FWC with regular reports on the operation of the agreement and that the agreement be subject to review by the FWC after a period of two years. The applicant was also required to ensure that the agreement was not applied in a manner that was inconsistent with the provisions of the Fair Work Act.

Bhagwan Marine Pty Ltd T/A Bhagwan Marine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established