DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maritime Container Services Pty Ltd T/A Maritime Container Services Pty Limited
(AG2017/6211)

MARITIME CONTAINER SERVICES PTY LTD, CONTAINER REPAIR ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 28 MARCH 2018

Application for approval of the Maritime Container Services Pty Ltd, Container Repair Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Maritime Container Services Pty Ltd, Container Repair Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maritime Container Services Pty Ltd T/A Maritime Container Services Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2018. The nominal expiry date of the Agreement is 21 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Maritime Container Services Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The application was contested by the Maritime Officers' Association of Australia (MOAA). The dispute centred on the terms and conditions of employment within the maritime industry, specifically regarding the proposed enterprise agreement for container repair workers. The Fair Work Commission was tasked with assessing the application under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the proposed agreement met the procedural requirements for approval, such as proper consultation with employee representatives, and whether the agreement complied with the substantive provisions of the Act, including the "better off overall test" (BOOT). The Commission had to determine if the agreement would provide employees with improved conditions compared to their previous terms, and if the process leading to the agreement was fair and lawful.

In delivering its decision, the Commission examined the evidence of consultation and the negotiation process undertaken by the parties. The Commission found that the agreement was the product of genuine bargaining and that the employer had adequately consulted with the relevant employee representatives. The Commission also considered the financial and non-financial benefits provided by the agreement and concluded that it met the BOOT. The Commission approved the enterprise agreement, recognising its compliance with both procedural and substantive requirements of the Fair Work Act.

The Fair Work Commission approved the Maritime Container Services Pty Ltd, Container Repair Enterprise Agreement 2017, effective from the date of the decision. The approval was contingent upon compliance with the terms of the agreement and the ongoing obligations of both parties under the Fair Work Act.

Maritime Container Services Pty Ltd T/A Maritime Container Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established