DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kordia Pty Ltd T/A Kordia
(AG2018/649)

KORDIA MARITIME ENTERPRISE AGREEMENT 2017

Telecommunications services
COMMISSIONER WILSON	MELBOURNE, 8 MAY 2018

Application for approval of the Kordia Maritime Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kordia Maritime Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kordia Pty Ltd T/A Kordia. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 15 May 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kordia Pty Ltd, trading as Kordia, applied for approval of the Kordia Maritime Enterprise Agreement 2017 before the Fair Work Commission. The dispute involved whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and appropriate for the maritime industry, while the respondent raised concerns about certain provisions that they believed did not align with industry standards.

The legal issues before the Commission were whether the agreement provided for minimum terms and conditions for employees, whether it was procedurally valid, and whether it complied with the good faith bargaining requirement under the Fair Work Act. Additionally, the Commission had to determine whether the agreement adequately addressed the needs of both employers and employees in the maritime sector.

In its decision, the Commission first assessed the procedural fairness of the bargaining process, finding that the negotiation process was transparent and that both parties had a genuine opportunity to participate. The Commission then examined the substantive provisions of the agreement, determining that the agreement contained fair and reasonable terms and conditions that were appropriate for the maritime industry. The Commission found that the agreement met the requirements of the Fair Work Act and approved the Kordia Maritime Enterprise Agreement 2017. The decision was made in favour of Kordia Pty Ltd, with the agreement now providing a legally binding framework for employment terms and conditions within the maritime industry.

Kordia Pty Ltd T/A Kordia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established