Coastal Maritime Services Pty Ltd

[2022] FWCA 2106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coastal Maritime Services Pty Ltd

(AG2022/1940)

Coastal Maritime Services Pty Ltd Enterprise Agreement 2022

Stevedoring industry
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2022

Application for approval of the Coastal Maritime Services Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Coastal Maritime Services Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coastal Maritime Services Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2022. The nominal expiry date of the Agreement is 26 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coastal Maritime Services Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant, Coastal Maritime Services, is an employer and the Maritime Union of Australia is a trade union representing the employees. The dispute concerns the terms and conditions of employment for the employees, as outlined in the proposed enterprise agreement. The application was heard in the Fair Work Commission, which is responsible for the approval of enterprise agreements under Australian labour law.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it provided for the protection of employees' rights, whether it contained provisions that were contrary to public policy, and whether it was made in good faith. Additionally, the Commission had to consider whether the agreement provided for a fair and reasonable outcome for both parties.

In reaching its decision, the Commission examined the terms and conditions of the proposed agreement and considered the submissions made by both parties. The Commission found that the agreement complied with the requirements of the Fair Work Act, including the protection of employees' rights, and that it did not contain provisions that were contrary to public policy. The Commission also found that the agreement was made in good faith and provided for a fair and reasonable outcome for both parties. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Coastal Maritime Services Pty Ltd Enterprise Agreement 2022, subject to any necessary modifications to ensure compliance with the Fair Work Act. The Commission's decision is final and binding on both parties, and the agreement will now be in effect for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established