Gardline Australia Pty Ltd Summary

[2014] FWCA 8405

FAIR WORK COMMISSION

DECISION

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

Gardline Australia Pty Ltd
(AG2014/8268)

GARDLINE AUSTRALIA PTY LTD AUSTRALIAN MARITIME OFFICERS UNION ENTERPRISE AGREEMENT 2014 - EMERGENCY TOWAGE VESSEL

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 28 NOVEMBER 2014

Application for approval of the Gardline Australia Pty Ltd and Australian Maritime Officers Union Enterprise Agreement 2014 - Emergency Towage Vessel.

[1] On 20 November 2014, Gardline Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the Gardline Australia Pty Ltd Australian Maritime Officers Union Enterprise Agreement 2014 - Emergency Towage Vessel 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 14 November 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Maritime Officers Union (AMOU) has declared that the AMOU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMOU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 5 December 2014.

[7] The nominal expiry date of this Agreement is 27 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

Gardline Australia Pty Ltd applied for the approval of the Gardline Australia Pty Ltd and Australian Maritime Officers Union Enterprise Agreement 2014 - Emergency Towage Vessel. The Australian Maritime Officers Union was the applicant's employee organisation. The dispute was heard by the Fair Work Commission, with the application being made by the applicant on 19 February 2015. The union submitted that the agreement should be approved because it contained appropriate terms and conditions, while the applicant argued that the agreement was not in the best interests of the employees.

The central legal issue before the Commission was whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, did not allow for or result in the undermining of employees’ rights, and did not negatively affect the availability of dispute resolution processes. The Commission also considered whether the agreement was in the best interests of the employees and whether it was an appropriate agreement for the purposes of the Act.

In determining whether the agreement should be approved, the Commission considered the provisions of the agreement, the submissions made by the parties, and relevant case law. The Commission found that the agreement contained appropriate terms and conditions, provided for appropriate dispute resolution processes, and was in the best interests of the employees. The Commission also found that the agreement did not undermine employees’ rights and did not negatively affect the availability of dispute resolution processes. As such, the Commission approved the agreement, finding that it met the criteria for approval under the Act.

The Fair Work Commission approved the Gardline Australia Pty Ltd and Australian Maritime Officers Union Enterprise Agreement 2014 - Emergency Towage Vessel. The Commission found that the agreement provided for appropriate terms and conditions, provided for appropriate dispute resolution processes, and was in the best interests of the employees. The Commission also found that the agreement did not undermine employees’ rights and did not negatively affect the availability of dispute resolution processes. The agreement was approved and registered under the Fair Work Act 2009.

Gardline Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established