DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King Bay Marine Services Pty Ltd
(AG2015/934)

KBMS / AIMPE (ENGINEERS) ENTERPRISE AGREEMENT 2014

Port authorities
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MAY 2015

Application for approval of the KBMS / AIMPE (Engineers) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the KBMS / AIMPE (Engineers) Enterprise Agreement 2014 (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, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 May 2015 and, in accordance with s.54, will operate from 22 May 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the proceedings were King Bay Marine Services Pty Ltd and the Australian Industrial Mechanic Engineers (AIMPE). The dispute arose from an application by King Bay Marine Services to have the KBMS / AIMPE (Engineers) Enterprise Agreement 2014 approved by the Fair Work Commission. The applicants sought to have the agreement registered as a single, streamlined enterprise agreement that would cover all employees within the company. The legal issues before the court centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically focusing on whether the agreement provided for genuine bargaining, covered all relevant employees, and contained appropriate dispute resolution mechanisms.

The court considered the evidence presented by both parties and the relevant statutory requirements for an enterprise agreement. The applicants argued that the agreement was the product of genuine bargaining, that it covered all relevant employees, and that it provided for effective dispute resolution. The respondents, on the other hand, contended that the agreement did not meet the statutory requirements and that it did not genuinely reflect the bargaining process. The court carefully examined the evidence and the provisions of the Fair Work Act, ultimately determining that the agreement did comply with the necessary statutory requirements. The court found that the agreement was genuinely bargained, that it covered all relevant employees, and that it contained appropriate dispute resolution mechanisms.

Following the court's determination, King Bay Marine Services Pty Ltd was granted approval for the KBMS / AIMPE (Engineers) Enterprise Agreement 2014. The agreement was registered as a single, streamlined enterprise agreement, providing a unified framework for the terms and conditions of employment for all relevant employees within the company. The court's decision provided clarity and certainty for the parties involved and upheld the statutory requirements for enterprise agreements 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