DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Maritime Services Pty Ltd
(AG2019/876)

COASTAL MARITIME SERVICES PTY LTD ENTERPRISE AGREEMENT 2019

Stevedoring industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MAY 2019

Application for approval of the Coastal Maritime Services Pty Ltd Enterprise Agreement 2019.

[1] Coastal Maritime Services Pty Ltd has made an application for approval of an enterprise agreement known as the Coastal Maritime Services Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Maritime Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 May 2019 and, in accordance with s 54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 2 May 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Coastal Maritime Services Pty Ltd sought approval for the Enterprise Agreement 2019, which aimed to regulate the terms and conditions of employment for its workers. The application was contested by the Maritime Union of Australia, which raised concerns about the provisions of the agreement that it argued were disadvantageous to employees. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the requirements set forth in the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement adequately protected the rights and interests of employees, including whether it allowed for fair and reasonable terms of employment, and if the agreement was genuinely negotiated and not coerced. Furthermore, the Commission had to assess whether the agreement was made in good faith and without undue influence.

The Commission examined the provisions of the Enterprise Agreement 2019 and the arguments presented by both parties. It determined that the agreement met the statutory requirements for approval under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated between the parties in good faith. The concerns raised by the union were addressed and found not to be significant enough to warrant disapproval of the agreement. As a result, the Commission approved the Enterprise Agreement 2019.

The Fair Work Commission approved the Enterprise Agreement 2019 of Coastal Maritime Services Pty Ltd, finding that it met the statutory requirements for approval under the Fair Work Act. The agreement was found to provide for fair and reasonable terms and conditions of employment, and was genuinely negotiated in good faith. The concerns raised by the union were not considered significant enough to warrant disapproval of the agreement.

Coastal Maritime Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established