Jetwave Marine Services

[2013] FWCA 5670

FAIR WORK COMMISSION

DECISION

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

Jetwave Marine Services
(AG2013/7944)

JETWAVE MARINE SERVICES - PILBARA AMOU & MUA INSHORE ENTERPRISE AGREEMENT 2012

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 13 AUGUST 2013

Application for approval of the Jetwave Marine Services - Pilbara AMOU & MUA Inshore Enterprise Agreement 2012.

[1] On 6 August 2013, Jetwave Marine Services made application for approval of a single enterprise agreement to be known as the Jetwave Marine Services - Pilbara AMOU & MUA Inshore Enterprise Agreement 2012 (“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 10 July 2013.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 6 August 2013.

[4] 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.

[5] 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.

[6] The Australian Maritime Officers Union (AMOU) and the Maritime Union of Australia (MUA) have declared that the AMOU and MUA were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU and MUA support the approval of the Agreement by the Commission. Finally, the AMOU and the MUA have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 20 August 2013.

[8] The nominal expiry date of this Agreement is 30 April 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Jetwave Marine Services, with the union involved being the Maritime Union of Australia. The company sought approval of the Jetwave Marine Services – Pilbara AMOU & MUA Inshore Enterprise Agreement 2012. This enterprise agreement was intended to govern the employment conditions of certain employees of Jetwave Marine Services.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as stipulated by the Act. The agreement was also subject to scrutiny to ensure that it did not unfairly disadvantage any employee or group of employees and that it adhered to the procedural fairness principles.

The Commission found that the enterprise agreement was indeed made in good faith and contained the minimum terms and conditions required by the Act. The Commission concluded that the agreement was fair and did not unfairly disadvantage any employee or group of employees. The process followed in negotiating and finalising the agreement was deemed to be procedurally fair. Consequently, the Commission approved the Jetwave Marine Services – Pilbara AMOU & MUA Inshore Enterprise Agreement 2012.

The Commission's decision was that the enterprise agreement be approved, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the relevant employees as intended, providing a clear framework for their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established