Marine and Safety Tasmania

[2014] FWCA 3709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marine and Safety Tasmania
(AG2014/681)

MARINE AND SAFETY AUTHORITY STAFF ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2014

Application for approval of the Marine and Safety Authority Staff Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Marine and Safety Authority Staff Enterprise Agreement 2014 (the Agreement). The application was made by Marine and Safety Tasmania pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 9 does not comply with the requirements in section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, 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.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 10 June 2014. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Marine and Safety Tasmania was the subject of an application for the approval of the Marine and Safety Authority Staff Enterprise Agreement 2014. This case involved the employer, Marine and Safety Tasmania, and the Maritime Union of Australia, acting on behalf of the employees. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically concerning the adequacy and fairness of the proposed terms. The matter was heard in the Fair Work Commission, an Australian body responsible for resolving workplace disputes.

The primary legal issues the court had to address were whether the proposed enterprise agreement met the statutory requirements for approval, including whether it provided for minimum terms and conditions of employment as stipulated by law, and whether it was free from prohibited content. The court also had to consider if the agreement was made in good faith and if it was consistent with the principles of the Fair Work Act 2009. Another key issue was whether the agreement complied with the public interest considerations as outlined in the legislation.

The Fair Work Commission examined the proposed agreement thoroughly, assessing its compliance with the relevant statutory provisions. The Commission found that the enterprise agreement satisfied the necessary requirements for approval. It was determined that the agreement was made in good faith, provided for the minimum terms and conditions, and did not include any prohibited content. Additionally, the Commission concluded that the agreement was consistent with public interest considerations, including those related to operational requirements and the need for flexibility in the workplace.

As a result of this decision, the Fair Work Commission approved the Marine and Safety Authority Staff Enterprise Agreement 2014. This approval meant that the terms and conditions set out in the agreement would be legally binding on both the employer and the employees represented by the Maritime Union of Australia. The decision provided clarity and certainty for the parties involved, ensuring that the agreement would operate effectively within the framework of Australian labour law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established