DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gladstone Marine Pilot Services Pty Ltd
(AG2018/1122)

GLADSTONE MARINE PILOTS AGREEMENT 2017

Port authorities
COMMISSIONER WILSON	MELBOURNE, 20 JULY 2018

Application for approval of the Gladstone Marine Pilots Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gladstone Marine Pilots Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gladstone Marine Pilot Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Australian Maritime Officers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2018. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Gladstone Marine Pilot Services Pty Ltd and the Queensland Industrial Relations Commission. The nature of the dispute was an application for approval of the Gladstone Marine Pilots Agreement 2017. The court involved was the Queensland Industrial Relations Commission.

The legal issues the court had to decide revolved around whether the Gladstone Marine Pilots Agreement 2017 met the requirements of the Industrial Relations Act 2016, including whether the agreement was in writing, contained the terms agreed upon by the parties, and did not discriminate against any party. The court also needed to determine whether the agreement was made in good faith and whether it was in the best interests of the parties involved.

The court found that the Gladstone Marine Pilots Agreement 2017 met all the necessary requirements and was in the best interests of the parties involved. The court approved the agreement, noting that it contained all the necessary terms and conditions, and that it was made in good faith. The court also found that the agreement did not discriminate against any party and was in compliance with the Industrial Relations Act 2016.

As a result of the court's decision, the Gladstone Marine Pilots Agreement 2017 was approved and is now a legally binding agreement between the parties involved. The agreement outlines the terms and conditions of employment for the marine pilots, including their wages, hours of work, and other employment-related matters.

Gladstone Marine Pilot Services 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