Go Inshore Pty Ltd

[2013] FWCA 1105

FAIR WORK COMMISSION

DECISION

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

Go Inshore Pty Ltd
(AG2013/4342)

GO INSHORE PORT HEDLAND ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 18 FEBRUARY 2013

Application for approval of the Go Inshore Port Hedland Enterprise Agreement 2013.

[1] On 10 January 2013, Go Inshore Pty Ltd made application for approval of a single enterprise agreement to be known as the Go Inshore Port Hedland Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 3 January 2013.

[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 Maritime Union of Australia (MUA) has declared that the MUA 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 MUA 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 MUA 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 25 February 2013.

[7] The nominal expiry date of this Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Go Inshore Pty Ltd, sought approval of the Go Inshore Port Hedland Enterprise Agreement 2013 from the Fair Work Commission. The application was made in response to a request from the company's employees to have the agreement registered. The dispute centred around the interpretation and approval of specific clauses within the agreement that the employees had negotiated with the employer.

The primary legal issues the court had to resolve were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the criteria for being a genuine enterprise agreement. This included examining whether the agreement had been properly negotiated, contained the necessary minimum terms and conditions, and if it was fair and reasonable for the employees involved. The court also needed to ensure that the agreement did not contravene any provisions of the Fair Work Act.

In delivering its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. It found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. The Commission also determined that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the employer. Consequently, the court approved the Go Inshore Port Hedland Enterprise Agreement 2013, thereby resolving the dispute in favour of the applicant. The Commission made orders accordingly, approving the agreement for registration under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established