DECISION

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

Lord Howe Island Sea Freight Pty Ltd
(AG2015/3719)

LORD HOWE ISLAND SEAFREIGHT COLLECTIVE AGREEMENT 2015

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 6 JULY 2015

Application for approval of the Lord Howe Island Seafreight Collective Agreement 2015.

[1] Lord Howe Island Sea Freight Pty Ltd applies for approval of an enterprise agreement known as the Lord Howe Island Seafreight Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Australian Maritime Officers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 13 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Lord Howe Island Sea Freight Pty Ltd sought approval of the Lord Howe Island Seafreight Collective Agreement 2015 in the Fair Work Commission. The applicant was the employer and the Maritime Union of Australia was the registered union involved in the agreement. The nature of the dispute was to determine whether the collective agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the court had to consider whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Act. The court also needed to assess if the agreement had been made without coercion or undue influence.

In delivering its decision, the Fair Work Commission found that the agreement had been made in good faith and contained the necessary minimum terms and conditions. The Commission considered the evidence presented by both parties and concluded that the agreement was in the best interests of the employees. Furthermore, the Commission determined that the agreement complied with the relevant provisions of the Act and had not been made under any form of coercion or undue influence. Therefore, the application for approval of the Lord Howe Island Seafreight Collective Agreement 2015 was approved.

The final orders of the court included the approval of the Lord Howe Island Seafreight Collective Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both the employer and the union were required to comply with its terms. The decision also included provisions for the ongoing monitoring of the agreement to ensure its continued compliance with the Fair Work Act 2009.

Lord Howe Island Sea Freight 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