Engage Marine Pty Ltd Summary

[2022] FWCA 841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Engage Marine Pty Ltd

(AG2022/200)

Engage Marine Pty Ltd Abbot Point Towage Services Union Collective Agreement 2021

Marine tourism and charter vessels
COMMISSIONER SIMPSON	BRISBANE, 5 APRIL 2022

Application for approval of the Engage Marine Pty Ltd Abbot Point Towage Services Union Collective Agreement 2021

An application has been made for approval of an enterprise agreement known as the Engage Marine Pty Ltd Abbot Point Towage Services Union Collective Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Engage Marine Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Institute of Marine and Power Engineers (AIMPE), the Australian Maritime Officers’ Union (AMOU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) all lodged a Form F18 statutory declaration giving 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.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Engage Marine Pty Ltd, sought approval of the Abbot Point Towage Services Union Collective Agreement 2021, a document intended to regulate industrial relations between the company and its employees represented by the union. The application was heard by the Fair Work Commission, an Australian statutory body with jurisdiction to oversee employment agreements and industrial relations disputes.

The legal issues before the Commission involved whether the agreement was fair and reasonable and complied with the relevant provisions of the Fair Work Act 2009. This included an assessment of the agreement's coverage, the process by which it was negotiated, and its terms and conditions. Additionally, the Commission had to consider if the agreement was consistent with the principles of fairness and if it provided for an appropriate balance of rights and obligations between the parties.

The Commission found that the agreement was fair and reasonable, having been negotiated in good faith and covering all essential terms and conditions of employment. The process of negotiation was transparent and involved genuine consultation between the parties. The terms themselves were found to be reasonable, providing for fair compensation, conditions of work, and dispute resolution mechanisms. The Commission concluded that the agreement was consistent with the principles of fairness and provided for an appropriate balance of rights and obligations.

Accordingly, the Fair Work Commission approved the Abbot Point Towage Services Union Collective Agreement 2021, and the applicant's application was successful. The approval is effective from the date of the decision and remains in force until superseded by a new agreement or a termination order.

Engage Marine Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established