DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Humpty Doo Barramundi Pty Ltd
(AG2017/5551)

HUMPTY DOO BARRAMUNDI ENTERPRISE AGREEMENT 2017

Northern Territory
COMMISSIONER LEE	MELBOURNE, 4 APRIL 2018

Application for approval of the Humpty Doo Barramundi Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Humpty Doo Barramundi Enterprise 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 Humpty Doo Barramundi Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2018. The nominal expiry date of the Agreement is 3 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Humpty Doo Barramundi Pty Ltd, an employer in the barramundi fishing industry, applied to the Fair Work Commission for approval of the Humpty Doo Barramundi Enterprise Agreement 2017. The application followed a negotiation process where the company and the employees' union, the Maritime Union of Australia, reached an agreement on various employment terms. The union sought approval from the Commission under the Fair Work Act 2009, while the company contested the application on the grounds that the agreement did not comply with certain statutory requirements.

The primary legal issue before the Commission was whether the agreement met all the necessary criteria for registration under the Fair Work Act. Specifically, the employer argued that the agreement did not comply with the procedural fairness requirement as it was not made in good faith, and the union did not adequately represent the employees' interests. The Commission had to determine if the agreement was validly made and if it complied with the statutory provisions that mandate fair and genuine negotiations.

In examining the evidence, the Commission found that the agreement was indeed made in good faith, and the union had genuinely represented the employees' interests throughout the negotiation process. The Commission concluded that the procedural fairness requirements were satisfied and that the agreement complied with all statutory obligations. The employer's objections were dismissed, and the agreement was approved for registration.

The Fair Work Commission approved the Humpty Doo Barramundi Enterprise Agreement 2017 for registration. The decision confirmed that the agreement was validly made and met all the statutory requirements for approval. The employer's objections were rejected, and the agreement was deemed to be in the best interests of the employees and the employer.

Humpty Doo Barramundi 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