Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2117)

MARITIME UNION OF AUSTRALIA CLERICAL STAFF ENTERPRISE AGREEMENT 2022

Clerical industry
COMMISSIONER CRAWFORD	SYDNEY, 6 JULY 2023

Application for approval of the Maritime Union of Australia Clerical Staff Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Maritime Union of Australia Clerical Staff Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Maritime Union of Australia Clerical Staff Enterprise Agreement 2022. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria under the Fair Work Act 2009. The union argued that the agreement was in the best interests of the employees it represented, while no other party contested the application.

The primary legal issue before the Commission was whether the agreement provided for the fair and efficient resolution of workplace issues, as well as the appropriate balance of rights and obligations for both employees and employers. Additionally, the Commission had to consider whether the agreement met the 'better off overall' test, ensuring that no employee would be worse off financially as a result of the agreement.

After thorough examination of the agreement, the Fair Work Commission determined that the proposed Maritime Union of Australia Clerical Staff Enterprise Agreement 2022 met the required standards. The Commission found that the agreement provided for fair and efficient resolution of workplace issues and maintained an appropriate balance of rights and obligations. Furthermore, the Commission concluded that the agreement was in the best interests of the employees and did not result in any employee being worse off financially. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act 2009.

Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established