DECISION

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

Mark Moran at Little Bay Pty Ltd T/A Moran Little Bay T/A Moran Little Bay
(AG2016/6010)

MARK MORAN AT LITTLE BAY ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Mark Moran at Little Bay Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mark Moran at Little Bay Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mark Moran at Little Bay Pty Ltd T/A Moran Little Bay T/A Moran Little Bay. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The New South Wales Nurses and Midwives' Association and Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 29 November 2016 and, in accordance with s.54, will operate from 6 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Mark Moran at Little Bay Pty Ltd, trading as Moran Little Bay, and the Maritime Union of Australia. The dispute pertained to the application for the approval of the Mark Moran at Little Bay Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. This included assessing if the agreement contained all the mandated minimum terms and conditions, was free from prohibited content, and was the product of genuine bargaining.

The primary legal issues the Commission had to address were whether the agreement contained all the mandated minimum terms and conditions, whether it included any prohibited content, and whether the agreement was the result of genuine bargaining. Specifically, the Commission needed to ensure that the agreement adhered to the requirements set out in section 230 of the Fair Work Act, which pertains to the mandatory subjects an enterprise agreement must cover, and section 173, which deals with prohibited content. Additionally, the Commission examined whether there was evidence of genuine bargaining between the employer and the union.

In determining the matter, the Commission examined the contents of the agreement, the bargaining process, and the evidence provided by both parties. The Commission found that the agreement did indeed include all the mandated minimum terms and conditions and did not contain any prohibited content. Furthermore, the evidence presented indicated that the agreement was the result of genuine bargaining. Therefore, the Commission approved the Mark Moran at Little Bay Enterprise Agreement 2016, finding it to be compliant with all legal requirements. The approval was made subject to certain conditions, including the requirement that the agreement be lodged with the Fair Work Commission.

Mark Moran at Little Bay Pty Ltd T/A Moran Little Bay T/A Moran Little Bay

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established