DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Tug & Barge Pty Ltd
(AG2016/7661)

COASTAL TUG & BARGE & MUA ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Coastal Tug & Barge & MUA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Tug & Barge & MUA Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Costal Tug & Barge Pty Ltd T/As CTB. The Agreement is a single enterprise agreement.

[2] 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Institute of Marine and 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2016. The nominal expiry date of the Agreement is 27 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

Coastal Tug & Barge Pty Ltd recently faced a matter in the Fair Work Commission, where the company sought approval for a proposed enterprise agreement with the Maritime Union of Australia (MUA). The dispute centred on whether the agreement, which had been negotiated between the parties, met the necessary legal standards for approval under the Fair Work Act 2009. The Commission was required to consider the fairness of the agreement, the process through which it was negotiated, and whether it provided for the appropriate minimum entitlements of employees.

The primary legal issues before the Commission involved verifying if the agreement complied with the statutory requirements outlined in the Fair Work Act. This included ensuring the agreement contained all mandatory terms and conditions, and that it was free from any provisions that were contrary to public policy or that undermined the safety of employees. Furthermore, the Commission had to assess whether the negotiation process was genuine and whether the agreement had been made in good faith.

In its decision, the Fair Work Commission examined the negotiation process and found it to be genuine. The Commission concluded that the proposed agreement contained all necessary terms and conditions, and that it did not contravene any statutory provisions. The Commission noted that the agreement provided for fair and reasonable terms that were not detrimental to the employees, and that it met the requirements of the Act. Consequently, the Commission approved the Coastal Tug & Barge & MUA Enterprise Agreement 2016.

The Fair Work Commission's decision provided clarity on the legal requirements for enterprise agreements and affirmed the importance of genuine negotiation processes. The approval of the agreement allows both parties to proceed with the implementation of the new terms, subject to the provisions outlined in the agreement.

Coastal Tug & Barge 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