DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gladstone Marine Pilot Services Pty Ltd
(AG2018/1123)

GLADSTONE PILOT TRANSFER CREW AGREEMENT 2017

Port authorities
COMMISSIONER WILSON	MELBOURNE, 20 JULY 2018

Application for approval of the Gladstone Pilot Transfer Crew Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gladstone Pilot Transfer Crew 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 #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 applicant, Gladstone Marine Pilot Services Pty Ltd, sought approval of the Gladstone Pilot Transfer Crew Agreement 2017 from the Fair Work Commission. This agreement was to govern the employment terms of the pilots working in the Gladstone region. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The key legal issues before the Commission were whether the agreement provided for the terms and conditions of employment that met the objectives of the Act and whether it had been made in good faith.

The Commission considered the principles set out in the Fair Work Act 2009, including the need for the agreement to promote high levels of employment and workplace participation, and to provide for fair and efficient workplace relations. The Commission also considered the parties' bargaining power and the process through which the agreement was made. After examining the evidence and submissions, the Commission found that the agreement did meet the criteria for approval. The Commission determined that the agreement was made in good faith and that it provided for fair and efficient workplace relations.

Accordingly, the Fair Work Commission approved the Gladstone Pilot Transfer Crew Agreement 2017. This decision provides certainty for the parties and ensures that the agreement will govern the employment terms of the pilots in the Gladstone region. The approval of the agreement demonstrates the Commission's commitment to promoting fair and efficient workplace relations.

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