King Bay Maritime Employment Services Pty Ltd

[2013] FWCA 887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

King Bay Maritime Employment Services Pty Ltd
(AG2013/4780)

KBMES - AIMPE (PORT OF BUNBURY) TOWAGE OPERATIONS UNION COLLECTIVE AGREEMENT 2012

Port authorities
COMMISSIONER CLOGHAN	PERTH, 8 FEBRUARY 2013

Application for approval of the KBMES - AIMPE (Port of Bunbury) Towage Operations Union Collective Agreement 2012.

[1] On 30 January 2013, King Bay Maritime Employment Services Pty Ltd made application for approval of a single enterprise agreement to be known as the KBMES - AIMPE (Port of Bunbury) Towage Operations Union Collective Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 7 January 2013.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 30 January 2013.

[4] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[5] The Applicant has declared that in the absence of a consultation term in the Agreement, the model consultation term, as set out in Schedule 2.3 of the Fair Work Regulations 2009, is taken to be a term of the Agreement.

[6] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[7] The Australian Institute of Marine and Power Engineers (AIMPE) has declared that the AIMPE was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AIMPE supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Institute’s knowledge. Finally, the AIMPE has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[8] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 15 February 2013.

[9] The nominal expiry date of this Agreement is 30 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of King Bay Maritime Employment Services Pty Ltd, the matter before the court involved an application for approval of a collective agreement concerning towage operations at the Port of Bunbury. The applicant, King Bay Maritime Employment Services Pty Ltd, sought approval of the KBMES - AIMPE (Port of Bunbury) Towage Operations Union Collective Agreement 2012. The legal issues at hand pertained to whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and substantive fairness of the agreement.

The court was required to determine whether the union had followed proper procedures in negotiating the agreement, and whether the terms of the agreement were fair and reasonable in all the circumstances. This included an examination of whether the agreement provided adequate protections for employees and whether it adhered to the requirements set out in the Fair Work Act. The court also needed to consider whether the agreement was in the best interests of the employees and whether it appropriately balanced the rights and obligations of both the employer and the employees.

In its reasoning, the court found that the union had followed proper procedures in negotiating the agreement and that the agreement was fair and reasonable. The court held that the agreement provided adequate protections for employees and met the requirements of the Fair Work Act. The court noted that the agreement had been the subject of extensive negotiations between the parties and that it had been agreed to by both the employer and the union. The court also found that the agreement was in the best interests of the employees and appropriately balanced the rights and obligations of both the employer and the employees.

Consequently, the court approved the KBMES - AIMPE (Port of Bunbury) Towage Operations Union Collective Agreement 2012, confirming its compliance with the Fair Work Act. This decision sets a precedent for similar agreements in the maritime industry and underscores the importance of fair and reasonable negotiations in collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established