Coastal Tug & Barge Pty Limited Summary

[2014] FWCA 773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Tug & Barge Pty Limited
(AG2013/10363)

THE KARAMA - COASTAL TUG & BARGE - C CLASS TUG / WORK BOAT - ENTERPRISE AGREEMENT 2013

Northern Territory
VICE PRESIDENT LAWLER	DARWIN, 4 FEBRUARY 2014

Application for approval of The Karama - Coastal Tug & Barge - C Class Tug / Work Boat - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known The Karama - Coastal Tug & Barge - C Class Tug / Work Boat - Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the 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] The Australian Maritime Officers Union and the Maritime Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2014. The nominal expiry date of the Agreement is 10 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 for the approval of the "Karma" - Coastal Tug & Barge - C Class Tug / Work Boat - Enterprise Agreement 2013. The applicants sought approval for the agreement under section 232 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the criteria for approval under the Act, including whether it provided for the safety, health and welfare of employees, and whether it provided for the resolution of disputes between the parties.

The Commission found that the agreement provided for the safety, health and welfare of employees, and that it provided for the resolution of disputes between the parties. The Commission noted that the agreement contained provisions for the health and safety of employees, including provisions for the provision of personal protective equipment, training, and first aid. The Commission also found that the agreement provided for the resolution of disputes between the parties, including provisions for the investigation and resolution of disputes by a nominated person. The Commission approved the agreement, finding that it met the criteria for approval under the Act.

The Commission made orders approving the agreement, effective from 1 January 2014. The orders included provisions for the variation of the agreement by the parties, and for the agreement to be registered with the Registrar of the Fair Work Commission. The orders also included provisions for the agreement to be published on the Fair Work Commission's website.

Coastal Tug & Barge Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established