DECISION

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

Gladstone Marine Pilot Services Pty Ltd
(AG2014/10990)

GLADSTONE PILOT TRANSFER CREW AGREEMENT 2014

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 14 JANUARY 2015

Application for approval of the Gladstone Pilot Transfer Crew Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made by Gladstone Marine Pilot Services Pty Ltd (the Employer) for the approval of an enterprise agreement known as the Gladstone Pilot Transfer Crew Agreement 2014 (the Agreement).

[2] The agreement is a single-enterprise agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Maritime Officers’ Union being a bargaining representative for the Agreement, have 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 this Organisation.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

Gladstone Marine Pilot Services Pty Ltd applied for approval of an enterprise agreement, the Gladstone Pilot Transfer Crew Agreement 2014, under section 185 of the Fair Work Act 2009. The application was made before Commissioner Simpson at the Fair Work Commission. The agreement in question is a single-enterprise agreement between the employer and its employees, represented by the Australian Maritime Officers’ Union.

The court was required to determine whether the agreement met the necessary criteria for approval under sections 186, 187, and 188 of the Act. Additionally, the court needed to consider whether the agreement was made in good faith, and if it covered the relevant bargaining representatives as required by section 201(2) of the Act.

The Commissioner found that all the requirements for approval were met. The agreement was made in good faith and the relevant bargaining representative, the Australian Maritime Officers’ Union, had indicated its desire for the agreement to cover its members, in accordance with section 201(2) of the Act. Consequently, the Commissioner approved the agreement, which will operate under section 54 of the Act.

The final orders of the court were that the Gladstone Pilot Transfer Crew Agreement 2014 is approved and will operate in accordance with section 54 of the Fair Work Act 2009. The agreement will now be binding on the employer and the employees represented by the Australian Maritime Officers’ Union.

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