Go Inshore Pty Ltd Summary

[2016] FWCA 2847

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GO Inshore Pty Ltd

(AG2016/3064)

GO INSHORE PORT HEDLAND ENTERPRISE AGREEMENT 2016

Maritime industry

COMMISSIONER ROE

MELBOURNE, 9 MAY 2016

Application for approval of the GO INSHORE Port Hedland Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

GO INSHORE Port Hedland Enterprise Agreement 2016 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Go

Inshore Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Maritime Union of Australia 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.
[2016] FWCA 2847

[4] The Agreement was approved on 9 May 2016 and, in accordance with s.54, will

operate from 16 May 2016. The nominal expiry date of the Agreement is 9 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Go Inshore Pty Ltd applied for approval of the GO INSHORE Port Hedland Enterprise Agreement 2016 (the Agreement) under section 185 of the Fair Work Act 2009. The application was heard by Commissioner Roe in Melbourne on 9 May 2016. The Agreement was a single enterprise agreement, and although it did not cover all of the employees of the employer, Commissioner Roe was satisfied that the group of employees was fairly chosen based on the factors in Section 186(3) and (3A) of the Act.

The legal issues before the court were whether the requirements of sections 186, 187, and 188 of the Act had been met, and whether the Agreement was fairly chosen. The Maritime Union of Australia, a bargaining representative for the Agreement, had given notice under section 183 of the Act that it wanted the Agreement to cover it. Commissioner Roe found that the Agreement was approved and would operate from 16 May 2016, with a nominal expiry date of 9 May 2020.

In reaching the decision, Commissioner Roe considered the evidence and submissions presented by the parties. The Commissioner was satisfied that the requirements of the Act had been met and that the Agreement was fairly chosen. The Commissioner noted that the Agreement covered the Maritime Union of Australia, as required by section 201(2) of the Act. The decision was made in accordance with section 54 of the Act, and the Agreement was approved on 9 May 2016.

Go Inshore Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established