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

[2024] FWCA 4523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/4743)

MARINE & CIVIL MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 17 DECEMBER 2024

Application for approval of the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2024 - 2028 (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 & Civil Maintenance 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2024. The nominal expiry date of the Agreement is 16 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Court concerns the approval of the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2024 - 2028. The applicant, Marine & Civil Maintenance Pty Ltd, sought the Court's approval of the agreement under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the employees' representative, which failed to reach a consensus on the terms of the enterprise agreement.

The legal issues central to this case revolved around whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. The Court had to examine whether the agreement met the procedural prerequisites, such as the provision of relevant documents and the opportunity for affected parties to make submissions, and substantive requirements, such as ensuring the agreement did not adversely affect employees' terms and conditions of employment. The Court also needed to determine if the agreement addressed key issues including wages, hours of work, and other employment conditions in a fair and reasonable manner.

In assessing the application, the Court found that Marine & Civil Maintenance Pty Ltd had fulfilled all procedural requirements, providing necessary documentation and allowing for appropriate submissions. The substantive analysis revealed that the proposed agreement was fair and reasonable, as it provided for adequate wages, reasonable working hours, and included provisions for dispute resolution and employee protection. The Court concluded that the agreement did not unjustifiably worsen the employees' terms and conditions of employment and was, therefore, suitable for approval.

The Court approved the Marine & Civil Maintenance Pty Ltd Enterprise Agreement 2024 - 2028, thereby finalising the application. The decision affirmed the agreement's compliance with the Fair Work Act 2009, ensuring that it would serve as the governing employment terms for the specified period.

Marine & Civil Maintenance Pty Ltd T/A Marine & 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