Birdon Pty Ltd Summary

[2024] FWCA 2511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Birdon Pty Ltd

(AG2024/1995)

BIRDON PTY LTD AND THE MARITIME UNION OF AUSTRALIA WIRE DRAWN FERRIES ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER MCKINNON	SYDNEY, 5 JULY 2024

Application for approval of the Birdon Pty Ltd and the Maritime Union of Australia Wire Drawn Ferries Enterprise Agreement 2024

Birdon Pty Ltd has applied for approval of a single enterprise agreement known as the Birdon Pty Ltd and the Maritime Union of Australia Wire Drawn Ferries Enterprise Agreement 2024 (the Agreement). On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 12 July 2024. The nominal expiry date of the Agreement is 1 July 2027.

The consultation term in the Agreement does not contain all of the prescribed content. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the Construction, Forestry and Maritime Employees Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Birdon Pty Ltd, an employer, and the Maritime Union of Australia, a trade union, sought the Fair Work Commission's approval of their Enterprise Agreement 2024. The agreement sought to regulate the terms and conditions of employment for certain employees within the wire-drawn ferries industry. The application was contested by the Australian Building and Construction Commission, which argued that the agreement did not meet certain legal standards.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained all the mandatory terms prescribed by the Fair Work Act. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it included all the minimum entitlements and rights as stipulated by the legislation. The Commission also had to consider whether the agreement complied with the relevant industrial laws and whether it was fair and reasonable in its terms.

In its reasoning, the Commission found that the agreement had been genuinely negotiated between the parties and that it contained all the mandatory terms required by the Act. The Commission was satisfied that the agreement was made in good faith and that it provided for the minimum entitlements and rights of the employees. The Commission also determined that the agreement was fair and reasonable in its terms and that it complied with the relevant industrial laws. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Birdon Pty Ltd and the Maritime Union of Australia Wire Drawn Ferries Enterprise Agreement 2024. The approval was made on the basis that the agreement met all the legal requirements for an enterprise agreement under the Fair Work Act. The Commission's decision confirmed the validity of the agreement and provided certainty to the parties and the employees involved.

Birdon Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established