DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DMS Maritime Pty Limited
(AG2015/7107)

THE SERCO DEFENCE MARITIME COLLECTIVE AGREEMENT 2015

Maritime industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 29 FEBRUARY 2016

Application for approval of The Serco Defence Maritime Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Serco Defence Maritime Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DMS Maritime Pty Limited. The agreement is a single-enterprise agreement.

[2] 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 the organisations.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DMS Maritime Pty Limited applied to the Fair Work Commission for approval of The Serco Defence Maritime Collective Agreement 2015. The applicant sought to have the agreement registered under the Fair Work Act 2009 as a protected action (greenfields) agreement. The dispute centred on whether the agreement complied with the requirements of the Act and whether the application process had been conducted in a manner that was fair and reasonable. The Commission had to determine whether the agreement satisfied the prerequisites for approval, including whether it provided for the terms and conditions of employment for the relevant employees and whether it was in the interests of the employees and employers. Additionally, the Commission considered whether the application process was procedurally fair and whether the employees had been given an adequate opportunity to make submissions.

The Commission found that the agreement met the legislative requirements and was in the interests of the employees and employers. The application process was deemed fair, and the employees had sufficient opportunity to make submissions. The Commission noted the comprehensive nature of the agreement, which provided for various terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms. The Commission was satisfied that the agreement would provide stability and certainty in the workplace and was likely to benefit both employees and employers. Accordingly, the Commission approved the application and registered the agreement under the Act.

The Fair Work Commission approved the application for registration of The Serco Defence Maritime Collective Agreement 2015 as a protected action (greenfields) agreement. The Commission found that the agreement met the legislative requirements, was in the interests of the employees and employers, and that the application process was procedurally fair. The registration of the agreement is effective from the date of the Commission's decision and will provide stability and certainty in the workplace for the employees and employers involved.

DMS Maritime Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established