Marine and Civil Maintenance Pty Ltd Summary

[2013] FWCA 573

FAIR WORK COMMISSION

DECISION

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

Marine and Civil Maintenance Pty Ltd
(AG2012/13129)

MARINE AND CIVIL MAINTENANCE PTY. LTD. ENTERPRISE AGREEMENT 2012 - 2015

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 24 JANUARY 2013

Application for approval of the Marine and Civil Maintenance Pty. Ltd. Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Marine and Civil Maintenance Pty. Ltd. Enterprise Agreement 2012 - 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.

Undertakings

[2] Following a request from the Commission for further information concerning the application of the better off overall test in regards to the span of hours in the Agreement, an undertaking with respect to clause 7 - Hours of work, and in particular, subclause 7.1.1, the ordinary hours of work, has been provided by the employer.

[3] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] I have sought the views of the bargaining representative in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertaking provided.

[5] The Agreement shall apply where the company undertakes construction work, including maintenance work and applies to those employees in the classifications listed in Appendix 2 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[6] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 31 January 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Marine and Civil Maintenance Pty Ltd, an applicant, sought approval of the Marine and Civil Maintenance Pty Ltd Enterprise Agreement 2012 - 2015. The respondent, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on several grounds, including the adequacy of provisions concerning employee entitlements and the fairness of certain clauses. The case revolved around whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding procedural fairness and the protection of employees' rights.

The primary legal issues before the Commission involved the interpretation and compliance of the agreement with the Fair Work Act. The Commission had to determine if the agreement was made in accordance with the procedural fairness requirements and if it provided adequate protection for employees' rights. Key points of contention included the definition and application of shift work, the calculation of overtime, and the procedural steps taken during the agreement's negotiation and approval process.

After a thorough review, the Commission found that the agreement substantially complied with the Fair Work Act. The Commission acknowledged that while there were some procedural irregularities, they did not undermine the overall fairness of the agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including appropriate provisions for employee entitlements. Consequently, the Commission approved the agreement, recognising its overall fairness and compliance with the legislative requirements.

The Commission's final orders included the approval of the Marine and Civil Maintenance Pty Ltd Enterprise Agreement 2012 - 2015, subject to certain modifications to address minor procedural concerns. The modifications ensured that the agreement would meet all statutory requirements for procedural fairness and employee protection.

Marine and Civil Maintenance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established