Maersk Crewing Australia Pty Ltd Summary

[2018] FWCA 2782

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Maersk Crewing Australia Pty Ltd

(AG2018/1302)

Maersk Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Integrated Ratings, Cooks, Caterers and Seafarers) Enterprise Agreement 2018

Maritime industry
Commissioner Lee	MELBOURNE, 17 MAY 2018

Application for approval of the Maersk Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Integrated Ratings, Cooks, Caterers and Seafarers) Enterprise Agreement 2018.

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 (Integrated Ratings, Cooks, Caterers and Seafarers) Enterprise Agreement 2018. (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.

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.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2018. The nominal expiry date of the Agreement is 16 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Maersk Crewing Australia Pty Ltd applied for the approval of the Maritime Offshore Oil and Gas Industry (Integrated Ratings, Cooks, Caterers and Seafarers) Enterprise Agreement 2018. The applicant sought to have the agreement, which had been negotiated between the employer and the Maritime Union of Australia, approved by the Commission. The application was made under the Fair Work Act 2009, which requires that certain agreements be approved by the Commission before they can be registered as a protected action agreement.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the interests of the employees and if it met the various statutory requirements set out in the Act. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission found that the agreement met the statutory requirements and was in the interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits. The Commission also found that the agreement provided for a fair and efficient process for resolving disputes between the employer and employees. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act.

The Commission approved the agreement and registered it as a protected action agreement. The agreement will now apply to employees in the maritime offshore oil and gas industry who are covered by the agreement. The approval of the agreement ensures that the employees covered by the agreement will have fair and reasonable terms and conditions of employment, and that any disputes between the employer and employees will be resolved in a fair and efficient manner.

Maersk Crewing Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established