Coastal Tug & Barge Pty Ltd

[2013] FWCA 9552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coastal Tug & Barge Pty Ltd
(AG2013/10201)

COASTAL TUG & BARGE & MUA ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 5 DECEMBER 2013

Application for approval of the Coastal Tug & Barge & MUA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Tug & Barge & MUA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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 them. As required by s.201 (2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 12 December 2013. The nominal expiry date of the Agreement is 27 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coastal Tug & Barge Pty Ltd and Maritime Union of Australia recently sought approval of their 2013 Enterprise Agreement from the Fair Work Commission. The agreement was subject to scrutiny as it involved various terms and conditions affecting the employees' working conditions, wages, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issue before the Fair Work Commission was whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved examining if the agreement provided for minimum entitlements, did not discriminate unfairly, and was free from any terms that might undermine the protection of employees' rights. Additionally, the Commission had to assess if the agreement was genuinely negotiated between the employer and the union, and whether it had been certified as a single, indivisible agreement.

In delivering its decision, the Fair Work Commission found that the agreement largely met the statutory requirements for approval. The Commission considered the evidence provided by both parties and the fairness of the terms agreed upon. It was determined that the agreement adequately addressed the minimum entitlements and did not contain any discriminatory provisions. Furthermore, the Commission was satisfied that the agreement was genuinely negotiated and certified appropriately. Consequently, the Fair Work Commission approved the Coastal Tug & Barge & MUA Enterprise Agreement 2013.

As a result of the Fair Work Commission's approval, the agreement is now legally binding between Coastal Tug & Barge Pty Ltd and the Maritime Union of Australia, and its terms will govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established