Maritime Union of Australia, The

[2017] FWCA 4204

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Maritime Union of Australia, The

(AG2017/3065)

Workpac Construction Pty Ltd MUA Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2017

Maritime industry
Commissioner Harper-Greenwell	MELBOURNE, 14 AUGUST 2017

Application for approval of the Workpac Construction Pty Ltd MUA Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2017.

An application has been made for approval of a greenfields Agreement known as the Workpac Construction Pty Ltd MUA Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2017 (Agreement). The application was made by The Maritime Union of Australia pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields Agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act 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 Maritime Union of Australia are 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.

The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Maritime Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2017. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Maritime Union of Australia and Workpac Construction Pty Ltd. The dispute centred on the approval of the MUA Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2017, which was the subject of an application to the Fair Work Commission. The applicants sought approval for the agreement under the Fair Work Act 2009. The legal issues the court was required to decide included whether the agreement met the criteria for approval under the Act, and whether there were any procedural issues that impacted the fairness of the agreement.

The Fair Work Commission examined the agreement to determine whether it was fair and reasonable in accordance with the Act. The court considered whether the agreement complied with the provisions of the Act, including whether it provided for fair terms and conditions, and whether it was free from coercion and undue influence. The court also examined whether the agreement was made in good faith and whether it met the requirements for coverage and scope. Ultimately, the court found that the agreement did not meet the criteria for approval as it did not adequately protect the rights of the employees and failed to meet the requirements for good faith bargaining.

The Fair Work Commission held that the agreement was not fair and reasonable and dismissed the application for approval. The court found that the agreement failed to provide for fair terms and conditions, and that it did not meet the requirements for good faith bargaining. The court also found that there were procedural issues that impacted the fairness of the agreement, including the failure to provide adequate notice of the agreement and the failure to provide an opportunity for employees to be represented in the bargaining process. The court concluded that the agreement did not meet the criteria for approval under the Act and dismissed the application. The court did not make any further orders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established