Marine Manning Pty Ltd

[2014] FWCA 6701

FAIR WORK COMMISSION

DECISION

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

Marine Manning Pty Ltd
(AG2014/7458)

MARINE MANNING PTY LTD MUA CONTRACT PROPELLED DREDGING GREENFIELD AGREEMENT 2014

Dredging industry
COMMISSIONER HAMPTON	ADELAIDE, 24 SEPTEMBER 2014

Application for approval of the Marine Manning Pty Ltd MUA Contract Propelled Dredging Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Marine Manning Pty Ltd MUA Contract Propelled Dredging Greenfield Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Marine Manning Pty Ltd and the Maritime Union of Australia. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the MUA, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the MUA is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2014. The nominal expiry date of the Agreement is 8 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Marine Manning Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Marine Manning Pty Ltd MUA Contract Propelled Dredging Greenfield Agreement 2014. The applicant, Marine Manning Pty Ltd, sought the approval of the agreement to ensure its enforceability and compliance with the Fair Work Act 2009. The dispute arose from the negotiation and execution of the agreement between Marine Manning Pty Ltd and the Maritime Union of Australia, intended to regulate the terms and conditions of employment for propelled dredging workers.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 232 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was a good faith bargain, covered the appropriate bargaining units, and complied with the procedural requirements set forth in the Act. Additionally, the Commission had to assess if the agreement adequately addressed the interests of both the employer and the employees, ensuring it was not disadvantageous to either party.

In its decision, the Commission found that the agreement was indeed a product of good faith bargaining and appropriately represented the bargaining units involved. The Commission noted that the agreement included essential terms and conditions that were fair and reasonable, taking into account the nature of the work and the economic context of the industry. Furthermore, the procedural fairness of the agreement formation process was upheld, with evidence of proper consultation and negotiation between the parties. The Commission concluded that the agreement was not disadvantageous to any party and thus met the statutory criteria for approval.

The Fair Work Commission approved the Marine Manning Pty Ltd MUA Contract Propelled Dredging Greenfield Agreement 2014, making it a legally enforceable instrument between the parties. This decision provides certainty and stability in the workplace, ensuring that both Marine Manning Pty Ltd and the Maritime Union of Australia can operate within a framework that reflects the mutual interests and fair bargaining of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established