Burles Consulting Pty Ltd

[2023] FWCA 1601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Burles Consulting Pty Ltd

(AG2023/1562)

MARINE AND SAFETY AUTHORITY STAFF ENTERPRISE AGREEMENT 2023

State and Territory government administration
DEPUTY PRESIDENT ROBERTS	SYDNEY, 2 JUNE 2023

Application for approval of the Marine and Safety Authority Staff Enterprise Agreement 2023

An application has been made for the approval of an enterprise agreement known as the Marine and Safety Authority Staff Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burles Consulting Pty Ltd (the Applicant), a bargaining representative for Marine and Safety Authority. The Agreement is a single enterprise agreement.

On the basis of the material filed I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

I note the provisions of Clauses 5(c) & (d) of the Agreement which deal with the interaction between the agreement terms and the National Employment Standards.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 2 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Burles Consulting Pty Ltd applied for approval of the Marine and Safety Authority Staff Enterprise Agreement 2023. The matter was heard by the Fair Work Commission, which exercises jurisdiction over enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements and whether it was free from prohibited content.

The court had to determine if the agreement met the procedural requirements for being registered and approved, such as whether it was negotiated in good faith and involved genuine bargaining. Additionally, the court examined whether the agreement contained any provisions that were contrary to the provisions of the Act, such as those that would undermine the safety or welfare of employees or the public.

The Fair Work Commission found that the agreement was properly negotiated and contained no provisions that were inconsistent with the Act. It was concluded that the agreement was free from prohibited content and met all statutory requirements for registration. Consequently, the court approved the agreement, allowing it to take effect as a legally binding contract between the employer and the employees.

The final orders included the approval of the Marine and Safety Authority Staff Enterprise Agreement 2023, which was to be registered by the Fair Work Commission. The agreement was to govern the terms and conditions of employment for the relevant employees, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established