Farstad Shipping (Indian Pacific) Pty Ltd Summary

[2014] FWCA 5662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farstad Shipping (Indian Pacific) Pty Ltd
(AG2014/8567)

FARSTAD SHIPPING (SALARIED) ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 20 AUGUST 2014

Application for approval of the Farstad Shippng (Salaried) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Farstad Shippng (Salaried) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Farstad Shipping (Indian Pacific) Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 18 August 2014 an undertaking was provided by the Company in relation to clause 3.4.2 (Redundancy Payment) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2014. The nominal expiry date of the Agreement is 26 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Farstad Shipping (Indian Pacific) Pty Ltd, the matter before the Fair Work Commission involved an application for the approval of the Farstad Shipping (Salaried) Enterprise Agreement 2014. The applicant, Farstad Shipping, sought approval of the agreement, which had been negotiated between the company and the Maritime Union of Australia. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements, procedural fairness, and the scope of the agreement's coverage.

The central legal issues before the Commission included whether the agreement met the statutory criteria for approval, such as whether it provided for minimum pay rates and conditions, and whether it was free from prohibited content. Additionally, the Commission needed to assess whether the negotiation process was fair and whether the agreement's terms were properly disclosed to the employees. The Commission had to consider submissions from both parties and review the negotiation process to determine if it complied with the legal standards set out in the Fair Work Act.

The Commission examined the negotiation process and found that it was conducted in good faith and that the agreement was negotiated between the parties with proper disclosure of terms. The Commission also noted that the agreement provided for minimum pay rates and conditions that met the statutory requirements. In particular, the Commission found that the agreement contained provisions that ensured employees received no less than the applicable award or registered agreement terms. The Commission was satisfied that the agreement did not contain any prohibited content and that it complied with the procedural fairness requirements. Consequently, the Commission approved the agreement, determining that it met all the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Farstad Shipping (Salaried) Enterprise Agreement 2014, finding that it met all statutory requirements for minimum entitlements, procedural fairness, and proper negotiation processes. The Commission's decision was based on a comprehensive review of the negotiation process and the terms of the agreement, which were found to be compliant with the Fair Work Act. This decision provided clarity for the parties involved and ensured that the agreement would govern the employment conditions of the employees in accordance with the law.

Farstad Shipping (Indian Pacific) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established