DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackenzie Marine and Towage Pty Ltd
(AG2020/1040)

MACKENZIE MARINE AND TOWAGE PORT OF BUNBURY ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER WILLIAMS	PERTH, 12 MAY 2020

Application for approval of the Mackenzie Marine and Towage Port of Bunbury Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mackenzie Marine and Towage Port of Bunbury Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mackenzie Marine and Towage Pty Ltd. 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] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2020. The nominal expiry date of the Agreement is 11 May 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Mackenzie Marine and Towage Pty Ltd, a maritime services company, and the Maritime Officers' Association of Australia, an industrial union. The dispute centred on the application for approval of the Mackenzie Marine and Towage Port of Bunbury Enterprise Agreement 2020. The union had applied for the agreement to be registered as a registered agreement under the Fair Work Act 2009, while the company opposed this application.

The legal issues before the Commission were whether the agreement was made in good faith, whether it contained only permissible terms and conditions, and whether it met the requirements for registration under the Fair Work Act. Specifically, the company raised concerns about several provisions in the agreement, including those related to shift patterns, overtime, and redundancy. The union argued that the provisions were fair and necessary to protect the employees' interests.

In considering the application, the Commission examined the evidence and submissions from both parties. It found that the agreement was made in good faith and contained only permissible terms and conditions. The Commission also found that the provisions related to shift patterns, overtime, and redundancy were reasonable and necessary to ensure the employees' health and safety and to maintain the company's operations. The Commission approved the agreement and registered it as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the application for registration of the Mackenzie Marine and Towage Port of Bunbury Enterprise Agreement 2020. The agreement was found to be made in good faith and to contain only permissible terms and conditions. The provisions related to shift patterns, overtime, and redundancy were deemed reasonable and necessary to ensure the employees' health and safety and to maintain the company's operations. The Commission registered the agreement as a registered agreement under the Fair Work Act.

Mackenzie Marine and Towage 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