DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbour City Ferries Pty Ltd
(AG2014/7955)

HARBOUR CITY FERRIES MARITIME AGREEMENT 2014

Port authorities
DEPUTY PRESIDENT BOOTH	SYDNEY, 15 DECEMBER 2014

Application for approval of the Harbour City Ferries Maritime Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Harbour City Ferries Maritime Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harbour City Ferries Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Ian Faulks, Employee Relations Advisor, Harbour City Ferries Pty Ltd. The written undertaking concerning clause 40.2 will be taken to be a term of the Agreement pursuant to s.191 of the Act and is attached to this Decision.

[3] The Maritime Union of Australia, the Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2014. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Harbour City Ferries Pty Ltd, the employer, and the Maritime Officers' Association of Australia, the union. The dispute centred around the application for approval of the Harbour City Ferries Maritime Agreement 2014. This case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The central legal issues in this case were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. The court needed to determine if the agreement was fairly negotiated and if it contained the necessary provisions for minimum wages and conditions.

The Commission found that the agreement did meet the statutory requirements and was fairly negotiated. It contained all the necessary provisions for minimum wages and conditions. The Commission was satisfied that the agreement was made in good faith and that the parties had genuinely attempted to reach an agreement. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and approved the Harbour City Ferries Maritime Agreement 2014.

The Fair Work Commission approved the Harbour City Ferries Maritime Agreement 2014, finding it to be fairly negotiated and consistent with the statutory requirements. The Commission did not make any orders altering the agreement but approved it in its entirety. This decision reinforces the importance of ensuring that maritime agreements are properly negotiated and contain the necessary provisions for minimum wages and conditions.

Harbour City Ferries 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