Little Ferry Service

[2013] FWCA 8188

FAIR WORK COMMISSION

DECISION

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

Little Ferry Service
(AG2013/10712)

LITTLE FERRY SERVICES ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 18 OCTOBER 2013

Application for approval of the Little Ferry Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little Ferry Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Little Ferry Sercvice. The Agreement is a single-enterprise agreement.

[2] On 14 October 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2013. The nominal expiry date of the Agreement is 24 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Little Ferry Service Pty Ltd, trading as Sydney Ferries, sought approval for the Little Ferry Services Enterprise Agreement 2013. The applicants were the employer and the Maritime Officers’ Association of Australia, the union representing the employees. The Federal Circuit and Family Court of Australia was asked to determine whether the agreement was a lawful enterprise agreement and if it complied with the Fair Work Act 2009.

The primary legal issues were whether the agreement was made in good faith, involved genuine bargaining, and met the requirements of the Fair Work Act. The court had to assess if the agreement contained all the mandated terms and conditions and if it was free from any prohibited content. Additionally, the court needed to ensure that the agreement was not contrary to public policy.

The court examined the evidence presented by both parties and considered the provisions of the Fair Work Act. It found that the agreement was made in good faith and involved genuine bargaining. The court also determined that the agreement contained all the mandated terms and conditions and did not include any prohibited content. The court concluded that the agreement was not contrary to public policy and therefore approved the Little Ferry Services Enterprise Agreement 2013. The court's decision was based on the evidence provided and the legal requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established