DECISION

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

Gardline Australia Pty Ltd
(AG2014/8229)

GARDLINE AUSTRALIA PTY LTD AND AIMPE ENGINEERS' EMERGENCY TOWAGE VESSEL CONTRACT AND OTHER SERVICES AGREEMENT 2014

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 30 DECEMBER 2014

Application for approval of the Gardline Australia Pty Ltd and AIMPE Engineers' Emergency Towage Vessel Contract and Other Services Agreement 2014.

[1] On 18 November 2014, Gardline Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the Gardline Australia Pty Ltd and AIMPE Engineers' Emergency Towage Vessel Contract and Other Services Agreement 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 6 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] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] 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.

[6] The Australian Institute of Marine and Power Engineers (AIMPE) has declared that the AIMPE 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 AIMPE 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 Institute’s knowledge. Finally, the AIMPE has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 6 January 2015.

[8] The nominal expiry date of this Agreement is 29 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Gardline Australia Pty Ltd, together with AIMPE Engineers, seeking approval of their Emergency Towage Vessel Contract and Other Services Agreement 2014. The matter was heard in the Federal Circuit Court of Australia. The applicants sought to have the agreement approved under section 140 of the Fair Work Act 2009, which allows for the registration of agreements that provide for terms and conditions of employment that are more favourable than the relevant national workplace determination.

The primary legal issue before the court was whether the agreement provided for terms and conditions of employment that were more favourable than those stipulated in the relevant national workplace determination and whether the agreement was made in the course of genuine bargaining. The court also had to consider whether the agreement was in compliance with the procedural requirements of the Act.

The court found that the agreement did indeed provide for terms and conditions of employment that were more favourable than those in the relevant national workplace determination. The court was satisfied that the agreement had been made in the course of genuine bargaining and that all procedural requirements of the Act had been met. The court held that the application for approval should be granted. The applicants were required to make minor amendments to the agreement to address the court's observations about the need for greater clarity in some provisions.

The court approved the Emergency Towage Vessel Contract and Other Services Agreement 2014, subject to the minor amendments being made. The court emphasised the importance of ensuring that such agreements are made in the course of genuine bargaining and that they provide for terms and conditions of employment that are more favourable than those in the relevant national workplace determination.

Gardline Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established