Jetwave Marine Services

[2013] FWCA 4082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetwave Marine Services
(AG2013/6694)

JETWAVE MARINE SERVICES PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (OFFSHORE OIL AND GAS) ENTERPRISE AGREEMENT 2012

Maritime industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 24 JUNE 2013

Application for approval of the Jetwave Marine Services Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Jetwave Marine Services Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jetwave Marine Services. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to 27 May 2013, the date of lodgement.

[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) of the Act, I note that the Agreement covers the organisation.

[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 1 July 2013. The nominal expiry date of the Agreement is 31 July 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Jetwave Marine Services Pty Ltd and the Seafarers Union of Australia, sought approval of the Jetwave Marine Services Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Enterprise Agreement 2012 from the Fair Work Commission. The Fair Work Commission's role was to determine whether the enterprise agreement was suitable for registration under the Fair Work Act 2009. The legal issues before the court involved whether the agreement met the criteria for approval under the Act, particularly the requirement that the agreement must be free from any provision that would have the effect of undermining the right to freedom of association.

The Fair Work Commission considered the provisions of the agreement in light of the statutory criteria and concluded that the agreement did not undermine the right to freedom of association. The commission noted that the agreement contained provisions which ensured that employees could freely associate or disassociate with the union, and that there were no provisions that coerced or unduly influenced employees in their union membership or activities. The commission also found that the agreement contained appropriate protections for employees who were not union members, ensuring their rights were not adversely affected.

Accordingly, the Fair Work Commission approved the enterprise agreement, finding that it complied with the requirements of the Fair Work Act. The applicants' application was successful, and the agreement was registered. The commission did not make any orders beyond approving the agreement as it was presented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established