DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King Bay Marine Services Pty Ltd
(AG2016/4527)

KBMS - AIMPE (PORT OF BUNBURY) TOWAGE OPERATIONS UNION COLLECTIVE AGREEMENT 2016

Port authorities
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the KBMS - AIMPE (Port of Bunbury) Towage Operations Union Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the KBMS - AIMPE (Port of Bunbury) Towage Operations Union Collective 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 King Bay Marine Services 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, 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] The Australian Institute of Marine and Power Engineers 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2016. The nominal expiry date of the Agreement is 5 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved King Bay Marine Services Pty Ltd, which sought approval of the 2016 collective agreement between the company and the Towage Operations Union, covering the Port of Bunbury. The application was heard in the Fair Work Commission (FWC). The main issue was whether the proposed agreement complied with the relevant statutory provisions and was in the best interests of the employees and the employer.

The FWC had to determine whether the agreement was made in good faith, whether it provided for a fair and efficient workplace, and whether it complied with the applicable minimum standards. The court examined the negotiation process, the terms of the agreement, and the impact on both parties. It also considered submissions from both King Bay Marine Services and the union, as well as any relevant industry practices and precedents.

The FWC found that the agreement was made in good faith, provided for a fair and efficient workplace, and complied with all statutory requirements. The court noted that the negotiation process was thorough, and the terms of the agreement were reasonable and balanced. The FWC also found that the agreement was in the best interests of both the employees and the employer, as it provided for fair wages, conditions, and dispute resolution mechanisms. Based on these findings, the FWC approved the 2016 collective agreement.

The FWC ordered that the 2016 collective agreement between King Bay Marine Services Pty Ltd and the Towage Operations Union be approved as a registered agreement. This decision meant that the agreement would have legal effect and be binding on both parties. The approval of the agreement provided certainty and stability in the workplace, ensuring that the terms and conditions of employment were fair and reasonable for both employees and employers.

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