Coastal Tug & Barge Pty Limited

[2014] FWCA 775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Tug & Barge Pty Limited
(AG2013/10335)

COASTAL TUG & BARGE & AIMPE FAIR WORK ENTERPRISE AGREEMENT 2013

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 31 JANUARY 2014

Application to approve the Coastal Tug & Barge & AIMPE Fair Work Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Tug & Barge & AIMPE Fair Work Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coastal Tug & Barge Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that clause 5.1 appears to refer to another enterprise agreement by an incorrect name. It appears that the parties intended to refer to “The Karama - Coastal Tug & Barge - C Class Tug / Work Boat - Enterprise Agreement 2013”, also approved this day.

[4] The Australian Institute of Marine & Power Engineers, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2014. The nominal expiry date of the Agreement is 6 February 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coastal Tug & Barge Pty Limited applied to the Fair Work Commission to approve the Coastal Tug & Barge & AIMPE Fair Work Enterprise Agreement 2013. The dispute involved the terms of the enterprise agreement between Coastal Tug & Barge and the Australian Institute of Marine and Power Engineers (AIMPE). The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement provided for genuine bargaining between the parties, contained necessary terms, and complied with the procedural requirements set out in the legislation.

The primary legal issue before the Commission was whether the agreement was genuinely bargained, as required by the Fair Work Act. The Commission examined the process through which the agreement was negotiated and whether both parties had genuinely engaged in bargaining. Additionally, the court considered whether the agreement contained all the mandated terms and was made in good faith. It also had to ensure that the agreement was not contrary to public policy and met the procedural requirements for approval.

In reaching its decision, the Fair Work Commission found that the agreement was genuinely bargained and met all the statutory requirements. The Commission noted that both parties had demonstrated a genuine intent to bargain and that the process followed was appropriate. The agreement was found to contain all necessary terms and was made in good faith. Furthermore, it was held that the agreement did not contravene any public policy considerations and was procedurally sound. Consequently, the Commission approved the Coastal Tug & Barge & AIMPE Fair Work Enterprise Agreement 2013.

The Commission ordered the approval of the enterprise agreement, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would apply to the employees covered by the agreement, ensuring that both the employer and the employees were bound by its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established