Curtis Island Services Pty Ltd Summary

[2014] FWCA 1546

FAIR WORK COMMISSION

DECISION

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

Curtis Island Services Pty Ltd
(AG2014/3758)

CURTIS ISLAND SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 6 MARCH 2014

Application for approval of the Curtis Island Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Curtis Island Services Pty Ltd Enterprise Agreement 2014(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Curtis Island Services Pty Ltd. 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] The Maritime Union of Australia, The Australian Maritime Officers’ Union and The Australian Institute of Marine and Power Engineers, 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 will operate in accordance with s.54

COMMISSIONER

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CaseChat Overview and Summary

Curtis Island Services Pty Ltd applied to the Fair Work Commission for the approval of the Curtis Island Services Pty Ltd Enterprise Agreement 2014. The application was opposed by the Maritime Union of Australia, which represented the employees. The Commission was required to decide whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary issue before the Commission was whether the agreement was a bona fide enterprise agreement, which is a requirement for approval. The applicant must demonstrate that the agreement was formed without coercion, undue influence or pressure and that it was negotiated in good faith. The Commission also considered whether the agreement provided for a fair and efficient bargaining process and whether it complied with the minimum entitlements set out in the Fair Work Act.

The Commission found that the agreement was a bona fide enterprise agreement. The applicant demonstrated that the agreement was formed without coercion, undue influence or pressure and that it was negotiated in good faith. The Commission also found that the agreement provided for a fair and efficient bargaining process and that it complied with the minimum entitlements set out in the Fair Work Act. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Commission made orders approving the agreement, subject to certain modifications, and directing the parties to take such steps as were necessary to give effect to the agreement. The applicant was directed to provide the Commission with a copy of the modified agreement within 14 days of the decision. The Maritime Union of Australia was directed to provide a copy of the modified agreement to its members within 14 days of receipt of the agreement from the applicant.

Curtis Island Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established