| [2017] FWCA 6684 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT
(AG2017/3892)
MIRRAT Enterprise Agreement 2017
| Stevedoring industry | |
| Deputy President Masson | MELBOURNE, 13 DECEMBER 2017 |
Application for approval of the MIRRAT Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the MIRRAT 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 Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT. The Agreement is a single enterprise agreement.
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.
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.
The Maritime Union of Australia 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2017. The nominal expiry date of the Agreement is 30 December 2018.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Melbourne International RoRo & Auto Terminal Pty Ltd T/A MIRRAT [2017] FWCA 6684
- Case
- [2017] FWCA 6684
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Fair Work Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This included whether the agreement provided for terms and conditions that were fair and reasonable, and whether it was made in accordance with the relevant provisions of the Act. The Commission also needed to determine whether any objections raised by the Australian Council of Trade Unions had merit and should result in the refusal of approval of the agreement.
The Fair Work Commission found that the agreement did indeed meet the statutory requirements for approval. The Commission held that the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the enterprise, the need for flexibility and efficiency in the workplace, and the interests of both the employees and the employer. The Commission also found that the agreement was made in accordance with the relevant provisions of the Fair Work Act, and that the objections raised by the Australian Council of Trade Unions did not have sufficient merit to warrant refusal of approval. The Commission concluded that the agreement was appropriate and just, and approved it in accordance with section 234 of the Fair Work Act.
As a result of the Fair Work Commission's decision, the MIRRAT Enterprise Agreement 2017 was approved and came into effect on the date of the Commission's decision. The terms and conditions set out in the agreement will now apply to the employees who are members of the Maritime Officers' Association, and will remain in force until such time as a new agreement is made or until the agreement is terminated in accordance with the Fair Work Act.
Orders
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Background
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Evidence
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