DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetwave Marine Services Pty Ltd
(AG2016/709)

JETWAVE MARINE AND MARITIME UNIONS RESOURCE INDUSTRY ENTERPRISE AGREEMENT 2016

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 11 MAY 2016

Application for approval of the Jetwave Marine and Maritime Unions Resource Industry Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jetwave Marine and Maritime Unions Resource Industry Enterprise Agreement 2016 (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 Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 May 2016 and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 14 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Jetwave Marine Services Pty Ltd, the dispute centred on the application for approval of the Jetwave Marine and Maritime Unions Resource Industry Enterprise Agreement 2016. The matter was heard by the Fair Work Commission. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the mandated minimum terms and conditions and if it was made in good faith and without coercion.

The Commission evaluated the agreement against the legislative criteria, focusing on whether the terms provided employees with protections that were at least equal to, or better than, the applicable awards or safety nets. It also examined the process through which the agreement was negotiated to ensure it was conducted in good faith. The evidence presented by both parties regarding the negotiation process was scrutinised to ascertain if there were any instances of coercion or undue influence.

After careful consideration, the Commission found that the agreement contained the requisite minimum terms and conditions and was made in good faith. The Commission was satisfied that the negotiation process was fair and transparent, with no evidence of coercion or improper influence. Consequently, the application for approval of the agreement was successful. The Commission certified the Jetwave Marine and Maritime Unions Resource Industry Enterprise Agreement 2016, making it a legally binding instrument between the employer and the employees covered by the agreement.

Jetwave Marine Services 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