DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mermaid Marine Vessel Operations Pty Ltd
(AG2014/10126)

MERMAID MARINE & MUA DAMPIER SUPPLY BASE ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2015

Application for approval of the Mermaid Marine & MUA Dampier Supply Base Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Mermaid Marine & MUA Dampier Supply Base Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mermaid Marine Vessel Operations Pty Ltd.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 14 January 2015 and, in accordance with s.54, will operate from 21 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement between Mermaid Marine Vessel Operations Pty Ltd and the Maritime Union of Australia (MUA) for the Dampier Supply Base. The FWC had to consider the application from Mermaid Marine, which was seeking to have the Mermaid Marine & MUA Dampier Supply Base Enterprise Agreement 2014 approved. The dispute arose from the negotiation and proposed terms of the enterprise agreement, which the FWC needed to review for compliance with the Fair Work Act 2009.

The legal issues before the FWC involved assessing whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act, particularly focusing on whether the agreement was in the best interests of the employees covered by it, and whether it was fairly and properly negotiated. The FWC had to ensure that the agreement did not undermine the Australian workplace relations system and that it provided for appropriate dispute resolution mechanisms. Additionally, the FWC needed to determine whether the agreement complied with any relevant awards or other industrial instruments.

In its decision, the FWC examined the evidence provided by both parties and considered the provisions of the proposed agreement. The FWC found that the agreement was in the best interests of the employees and had been fairly and properly negotiated. It determined that the agreement complied with the requirements of the Fair Work Act and provided for adequate dispute resolution mechanisms. The FWC concluded that the proposed agreement was suitable for approval as it did not undermine the Australian workplace relations system and adequately protected the interests of the employees.

As a result, the FWC approved the Mermaid Marine & MUA Dampier Supply Base Enterprise Agreement 2014. The agreement now legally binds both parties and governs the terms and conditions of employment for the employees at the Dampier Supply Base. The final orders reflect the FWC's approval and acceptance of the agreement as a valid and compliant enterprise agreement under the Fair Work Act.

Mermaid Marine Vessel Operations Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established