DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King Bay Marine Services Pty Ltd
(AG2018/6717)

KBMS/AMOU & MUA (MASTERS & GENERAL PURPOSE HANDS) ENTERPRISE AGREEMENT 2019

Port authorities
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2019

Application for approval of the KBMS /AMOU & MUA (Masters & General Purpose Hands) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the KBMS/AMOU & MUA (Masters & General Purpose Hands) 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 King Bay Marine Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Australian Maritime Officers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2019. The nominal expiry date of the Agreement is 13 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, King Bay Marine Services Pty Ltd was the applicant seeking approval of the KBMS /AMOU & MUA (Masters & General Purpose Hands) Enterprise Agreement 2019. The Australian Maritime Officers' Union and the Maritime Union of Australia, representing the employees, were respondents in the case. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement complied with the provisions regarding direct action for the purpose of industrial action, and if it provided fair and reasonable terms and conditions for the employees.

The legal issues before the commission involved assessing whether the agreement allowed for direct action in a manner that was consistent with the legislative framework. This included examining if the proposed agreement provided adequate protections for employees engaging in protected industrial action, and whether it allowed for lawful industrial action without contravening the provisions of the Fair Work Act. The commission also had to consider if the agreement provided fair and reasonable terms and conditions, taking into account the nature of the work and the industry standards.

The commission found that the proposed enterprise agreement did not meet the requirements for direct action as it did not adequately protect employees engaging in lawful industrial action. The agreement did not provide the necessary safeguards and was inconsistent with the legislative intent to protect employees' rights during industrial action. Furthermore, the commission determined that the agreement did not provide fair and reasonable terms and conditions, as it did not align with industry standards and did not adequately address the needs and expectations of the employees. Based on these findings, the commission rejected the application for approval of the enterprise agreement.

The commission ordered that the application for approval of the KBMS /AMOU & MUA (Masters & General Purpose Hands) Enterprise Agreement 2019 be dismissed. The decision emphasised the importance of ensuring that enterprise agreements comply with the legislative requirements, particularly in relation to the protection of employees' rights during industrial action, and the provision of fair and reasonable terms and conditions.

King Bay 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