DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marine & Civil Maintenance Pty Ltd T/A Marine and Civil Maintenance Pty Ltd
(AG2020/3161)

MARINE & CIVIL MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 NOVEMBER 2020

Application for approval of the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Marine & Civil Maintenance Pty Ltd T/A Marine and Civil Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] On 26 October 2020 the Construction, Forestry, Mining and Energy Union (CFMEU) contacted the Commission and requested that it be provided with documentation in relation to the Agreement. In accordance with its usual practice the Commission did so on 29 October 2020. On 17 November 2020, my Chambers emailed the CFMEU the undertakings provided by the Applicant seeking their comment. On 20 November 2020, the CFMEU advised that it had no comments it would like to make in respect of the application.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2020. The nominal expiry date of the Agreement is 24 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Marine & Civil Maintenance Pty Ltd T/A Marine and Civil Maintenance Pty Ltd applied for approval of the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2020-2024. The application was heard by the Fair Work Commission, with Deputy President Kinch presiding. The dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement between the employer and its employees. The primary legal issues were whether the agreement was in compliance with the Fair Work Act 2009 and whether it provided for the fair treatment of employees. The court needed to determine if the agreement met the requirements for employee representation and if it provided for the protection of employees' rights and interests.

The court examined the agreement to ensure it was negotiated in good faith and covered all necessary matters. It was crucial to assess if the agreement appropriately balanced the interests of both employers and employees. The Deputy President noted that the agreement included provisions for minimum rates of pay, conditions of work, and dispute resolution mechanisms. The court also considered the process by which the agreement was negotiated and whether employees had adequate representation during the negotiations. The Deputy President concluded that the agreement was fairly negotiated and met the legal standards set by the Fair Work Act. The court found that the agreement was in compliance with the Act and provided for the fair treatment of employees.

Based on the evidence presented and the legal analysis, the Deputy President approved the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2020-2024. The final orders of the court were that the agreement was approved and would be registered with the Fair Work Commission. This decision ensured that the terms and conditions of employment for the employees of Marine & Civil Maintenance Pty Ltd were legally binding and protected their rights and interests.

Marine & Civil Maintenance Pty Ltd T/A Marine and Civil Maintenance 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