DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keolis Downer Hunter Pty Ltd
(AG2018/1195)

KEOLIS DOWNER NEWCASTLE FERRY MASTERS ENTERPRISE AGREEMENT 2018-2021

Port authorities
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2018

Application for approval of the Keolis Downer Newcastle Ferry Masters Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Keolis Downer Newcastle Ferry Masters Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keolis Downer Hunter 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Maritime Officers’ Union 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.

[6] The Agreement was approved on 12 July 2018 and, in accordance with s.54, will operate from 19 July 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Keolis Downer Hunter Pty Ltd and the Maritime Union of Australia. The dispute centred on the application for the approval of the Keolis Downer Newcastle Ferry Masters Enterprise Agreement 2018-2021. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to assess whether the agreement had been made in good faith and whether it met the requirements for simplicity, transparency, and accessibility as prescribed by the Act. Additionally, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions for the employees covered by it.

The Commission found that the enterprise agreement was made in good faith and met the requirements of the Act. It determined that the agreement was simple, transparent, and accessible to the employees. Furthermore, the Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees. Based on these findings, the Commission approved the enterprise agreement. The approval ensures that the agreement will be legally binding on the parties involved and will govern the employment conditions of the employees for the specified period.

Keolis Downer Hunter 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