Mermaid Marine Vessel Operations Pty Ltd Summary

[2014] FWCA 2532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mermaid Marine Vessel Operations Pty Ltd
(AG2014/523)

MERMAID MARINE SLIPWAY ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 APRIL 2014

Application for approval of the Mermaid Marine Slipway Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mermaid Marine Slipway Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mermaid Marine Vessel Operations Pty Ltd was before the Fair Work Commission, in this instance acting in its general division. The applicant, Mermaid Marine, sought approval of the Mermaid Marine Slipway Enterprise Agreement 2014. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission had to determine if the agreement provided fair and reasonable terms and conditions of employment and if it complied with procedural requirements.

The primary legal issues before the Commission involved verifying if the agreement contained all mandated terms and conditions, whether it adhered to procedural fairness, and if it was free from any unfair content. The Commission needed to consider if Mermaid Marine had followed the correct process to secure employee agreement to the terms and if the agreement itself was fair and reasonable. The scrutiny included assessing the agreement’s compliance with the Fair Work Act’s procedural and substantive requirements.

The Commission deliberated on the procedural fairness exercised by Mermaid Marine, confirming that proper consultation and negotiation had taken place. It assessed whether the agreement was made in good faith and if the employees had adequate opportunity to review and understand the terms. Additionally, the Commission examined the substantive fairness of the agreement, ensuring it did not disadvantage employees. After thorough review, the Commission concluded that the agreement met all legal requirements and was fair and reasonable.

Ultimately, the Fair Work Commission approved the Mermaid Marine Slipway Enterprise Agreement 2014, finding it compliant with the Fair Work Act. The Commission determined that the agreement was fair and reasonable and that procedural fairness was adequately observed. The approval marked the formal endorsement of the terms and conditions set out in the agreement, allowing them to be implemented in the workplace.

Mermaid Marine Vessel Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established