DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maersk Crewing Australia Pty Ltd
(AG2020/841)

MAERSK CREWING AUSTRALIA PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY (ENGINEER OFFICERS) ENTERPRISE AGREEMENT 2019

Maritime industry
COMMISSIONER WILLIAMS	PERTH, 21 APRIL 2020

Application for approval of the Maersk Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Engineer Officers) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Maersk Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Engineer Officers) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maersk Crewing Australia 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 Australian Institute of Marine and Power Engineers 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 28 April 2020. The nominal expiry date of the Agreement is 20 October 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maersk Crewing Australia Pty Ltd applied to the Fair Work Commission for approval of the Maritime Offshore Oil and Gas Industry (Engineer Officers) Enterprise Agreement 2019. The dispute centred on the terms of the proposed enterprise agreement and whether it met the criteria for approval under the Fair Work Act 2009. The parties involved in the dispute were Maersk Crewing Australia Pty Ltd and the Maritime Union of Australia. The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions.

The key legal issues before the Commission were whether the agreement provided adequate protections and benefits to the employees and whether it was free from any illegality or coercion. The Commission needed to assess if the agreement was genuinely a product of free collective bargaining and if it complied with the requirements of the Fair Work Act. The Commission also considered whether the agreement met the standard of "better off overall" for the employees, ensuring they were not disadvantaged by the terms of the agreement.

The Fair Work Commission found that the agreement was a genuine product of free collective bargaining and met the requirements of the Fair Work Act. The Commission determined that the agreement provided adequate protections and benefits to the employees and was not coercive. The Commission concluded that the agreement was in the best interests of the employees and met the "better off overall" test. As a result, the Commission approved the Maritime Offshore Oil and Gas Industry (Engineer Officers) Enterprise Agreement 2019. The Commission's decision was based on a thorough review of the evidence and the application of relevant legal principles.

Maersk Crewing Australia 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