Maritime Union Of Australia Division Of The Construction, Forestry And Maritime Employees Union T/A Maritime Union Of Australia

[2024] FWCA 958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Maritime Union Of Australia Division Of The Construction, Forestry And Maritime Employees Union T/A Maritime Union Of Australia

(AG2024/612)

MARITIME UNION OF AUSTRALIA CLERICAL STAFF ENTERPRISE AGREEMENT 2023-25

Maritime industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 18 MARCH 2024

Application for approval of the Maritime Union of Australia Clerical Staff Enterprise Agreement 2023 - 25

An application has been made for approval of an enterprise agreement known as the Maritime Union of Australia Clerical Staff Enterprise Agreement 2023-25 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Maritime Union of Australia Division of the Construction, Forestry, and Maritime Employees Union T/A Maritime Union of Australia. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 18 March 2024 and, in accordance with s.54, will operate from 25 March 2024. The nominal expiry date at clause 5 of the Agreement is 30 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union, trading as the Maritime Union of Australia, made an application to the Fair Work Commission for approval of the Maritime Union of Australia Clerical Staff Enterprise Agreement 2023 - 25. The union sought to have the agreement recognised as a protected action agreement. The application was made under section 237 of the Fair Work Act 2009.

The main legal issue before the Commission was whether the agreement was a protected action agreement and thus eligible for approval under the Act. To be a protected action agreement, the agreement must be a "genuine enterprise agreement" and must not contain any provisions that are contrary to the public interest or are otherwise unlawful. The Commission had to determine whether the agreement met these criteria.

In deciding the application, the Commission examined the agreement in detail and considered submissions from the union and other parties. The Commission found that the agreement was a genuine enterprise agreement and did not contain any provisions that were contrary to the public interest or were otherwise unlawful. The Commission approved the agreement as a protected action agreement and ordered that it be registered with the Fair Work Commission.

The final orders of the Commission included the approval of the Maritime Union of Australia Clerical Staff Enterprise Agreement 2023 - 25 as a protected action agreement and its registration with the Fair Work Commission. The union was also ordered to provide a copy of the agreement to the Commission within 14 days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established