DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Miclyn Express Offshore (Australia) Pty Ltd
(AG2015/1391)

MICLYN EXPRESS OFFSHORE (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2015

Port authorities
COMMISSIONER LEE	MELBOURNE, 1 JULY 2015

Application for approval of the Miclyn Express Offshore (Australia) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Miclyn Express Offshore (Australia) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Miclyn Express Offshore (Australia) Pty Ltd. 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 Agreement was approved on 1 July 2015 and, in accordance with s.54 of the Act, will operate from 8 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Miclyn Express Offshore (Australia) Pty Ltd Enterprise Agreement 2015. The applicant, Miclyn Express Offshore (Australia) Pty Ltd, sought to have the agreement registered as a single-enterprise agreement under the Fair Work Act 2009. The primary respondents were the Maritime Officers’ Union of Australia, the Seafarers’ Union of Australia, and the Australian Maritime Officers’ Union, representing the employees.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval, such as ensuring it did not undermine the minimum safety and welfare standards provided by the applicable awards and the general industrial safety provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it contained provisions that were contrary to public policy.

The Commission found that the agreement substantially complied with the requirements for approval. It was concluded that the agreement did not adversely affect the minimum safety and welfare standards, as it incorporated the terms of the relevant awards and ensured that employees' rights and entitlements were maintained. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated between the parties, and no provisions were found to be contrary to public policy. Consequently, the Commission approved the agreement, finding it met the necessary criteria for registration.

As a result of the approval, the Miclyn Express Offshore (Australia) Pty Ltd Enterprise Agreement 2015 was registered as a single-enterprise agreement. This decision ensured that the terms and conditions of employment for the employees covered by the agreement were governed by the negotiated provisions, providing clarity and stability in the employer-employee relationship.

Miclyn Express Offshore (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established