DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King Bay Marine Services Pty Ltd
(AG2016/4528)

KBMS - AMOU & MUA (BUNBURY TOWAGE OPERATIONS) ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the KBMS - AMOU & MUA (Bunbury Towage Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the KBMS - AMOU & MUA (Bunbury Towage Operations) 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 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 Maritime Officers’ Union and The Maritime Union of Australia 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.

[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 matter before the Fair Work Commission involved an application for the approval of the KBMS – AMOU & MUA (Bunbury Towage Operations) Enterprise Agreement 2016. The applicant, King Bay Marine Services Pty Ltd, sought the approval of the agreement which was intended to govern the terms and conditions of employment for the employees of the company, specifically those engaged in Bunbury Towage Operations. The respondents to the application included the Australian Maritime Officers’ Union and the Maritime Union of Australia, representing the interests of the employees.

The central legal issue before the commission was whether the enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement was fairly negotiated and if it contained the necessary provisions to ensure it met the "better off overall test." The commission also had to consider whether the agreement complied with the various provisions of the Fair Work Act, including those related to minimum entitlements, dispute resolution, and the protection of employees’ rights.

In reaching its decision, the Fair Work Commission examined the negotiation process and the contents of the agreement. The commission noted that the agreement had been fairly negotiated between the parties, with evidence of good faith bargaining and an exchange of proposals. The commission was satisfied that the agreement met the better off overall test, as it provided for a range of improved conditions for the employees, including wage increases and enhanced leave provisions. Furthermore, the commission found that the agreement contained all the required provisions under the Fair Work Act, including those related to minimum entitlements and dispute resolution. As such, the commission approved the enterprise agreement.

The Fair Work Commission approved the KBMS – AMOU & MUA (Bunbury Towage Operations) Enterprise Agreement 2016, effective from the date of the decision. The approval ensures that the agreement will govern the terms and conditions of employment for the employees engaged in Bunbury Towage Operations, providing them with improved conditions and protections under the Fair Work Act.

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