Maersk Crewing Australia Pty Ltd Summary

[2023] FWCA 2227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maersk Crewing Australia Pty Ltd

(AG2023/2213)

MAERSK CREWING AUSTRALIA PTY LTD MARITIME OFFSHORE OIL AND GAS INDUSTRY (DECK OFFICERS) ENTERPRISE AGREEMENT 2023

Maritime industry
COMMISSIONER LIM	PERTH, 19 JULY 2023

Application for approval of the Maersk Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Deck Officers) Enterprise Agreement 2023

Maersk Crewing Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Maersk Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Deck Officers) Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Maritime Officers’ Union (AMOU) 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 19 July 2023 and, in accordance with s 54, will operate from 26 July 2023. The nominal expiry date of the Agreement is 26 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Maersk Crewing Australia Pty Ltd applied for approval of the Maersk Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Deck Officers) Enterprise Agreement 2023. The application was made under section 234 of the Fair Work Act 2009. The applicant sought to have the agreement registered as a certified agreement, which would make it legally binding on its parties.

The central issue before the Commission was whether the agreement met the requirements of the Fair Work Act, including whether it was made in good faith, was fairly negotiated, and did not have an adverse effect on the operation of the maritime industry. Additionally, the Commission needed to determine if the agreement provided for a fair and efficient workplace and whether it contained provisions that were consistent with the objects of the Fair Work Act.

The Commission considered the evidence presented by both parties and examined the provisions of the agreement. It found that the agreement was made in good faith and was fairly negotiated. The Commission also concluded that the agreement did not have an adverse effect on the operation of the maritime industry and provided for a fair and efficient workplace. The Commission further determined that the agreement contained provisions that were consistent with the objects of the Fair Work Act. As a result, the Commission approved the agreement and ordered that it be registered as a certified agreement.

The Fair Work Commission approved the Maersk Crewing Australia Pty Ltd Maritime Offshore Oil and Gas Industry (Deck Officers) Enterprise Agreement 2023 and ordered that it be registered as a certified agreement. This decision has significant implications for the maritime industry and the parties involved in the agreement. The registration of the agreement as a certified agreement means that it will now be legally binding on all parties and will provide a framework for the operation of the maritime industry in Australia.

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