DECISION

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

Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture
(AG2019/3410)

MV RONJA HUON AND MV RONJA STORM MULTI-ENTERPRISE AGREEMENT 2019

Port authorities
COMMISSIONER LEE	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the MV Ronja Huon and MV Ronja Storm Multi-Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MV Ronja Huon and MV Ronja Storm Multi-Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture. The Agreement is a multi-enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 “Australian Maritime Officers’ Union,” the “Australian Institute of Marine and Power Engineers,” and the “Construction, Forestry, Maritime, Mining and Energy Union” are bargaining representatives for the Agreement, and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 7.3 – Full-Time employment;

• Clause 26 – Leave; and

• Clause 35.6 – Abandonment of employment.

[6] However, noting clause 2 of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2019. The nominal expiry date of the Agreement is 30 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Huon Aquaculture Company Pty Ltd, trading as Huon Aquaculture, applied to the Fair Work Commission for approval of the MV Ronja Huon and MV Ronja Storm Multi-Enterprise Agreement 2019. The dispute centred around the compliance of the proposed agreement with the Fair Work Act 2009, particularly whether it met the requirements for a multi-enterprise agreement and if it provided for the fair treatment of employees. The Fair Work Commission was tasked with determining the legal validity and fairness of the proposed agreement.

The court had to consider whether the agreement was genuinely multi-enterprise and whether it satisfied the criteria for approval under the Fair Work Act. It also needed to examine if the agreement met the requirements for a multi-enterprise agreement, including whether it had been negotiated in good faith and whether it was likely to result in improved conditions for the employees involved. Additionally, the court had to ensure that the agreement did not undermine the ability of employers and employees to make their own agreements.

The Fair Work Commission found that the proposed agreement was genuinely multi-enterprise and met the requirements for approval under the Fair Work Act. The agreement was considered to be negotiated in good faith and was likely to result in improved conditions for the employees. The court was satisfied that the agreement did not undermine the ability of employers and employees to make their own agreements. Consequently, the application for approval was granted.

Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established