DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mid West Ports Authority
(AG2017/3290)

MID WEST PORTS AUTHORITY MAINTENANCE & MARINE SPECIALIST ENTERPRISE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Mid West Ports Authority Maintenance & Marine Specialist Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mid West Ports Authority Maintenance & Marine Specialist 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 Mid West Ports Authority. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Maritime Union of Australia; and The Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 1 December 2017 and, in accordance with s.54, will operate from 8 December 2017. The nominal expiry date of the Agreement is 1 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Mid West Ports Authority brought an application before the Fair Work Commission for approval of the Mid West Ports Authority Maintenance & Marine Specialist Enterprise Agreement 2017. The respondent, the Maritime Officers' Union, did not oppose the application, but raised concerns about the potential impact of the agreement on the employees. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Act, specifically sections 231 and 232, which outline the criteria for the approval of enterprise agreements. The Commission had to consider whether the agreement provided for the fair and equitable treatment of employees, including their pay and conditions, and whether it had been made in good faith and without coercion.

The Fair Work Commission approved the agreement, finding that it met the statutory requirements for approval. The Commission considered the evidence and submissions presented by the parties and was satisfied that the agreement provided for the fair and equitable treatment of employees. The Commission noted that the agreement had been made in good faith and without coercion, and that it contained appropriate provisions for the protection of employees' interests. The Commission also found that the agreement did not have any adverse effects on the employees that would outweigh the benefits of its approval.

The Fair Work Commission approved the Mid West Ports Authority Maintenance & Marine Specialist Enterprise Agreement 2017, subject to the usual transitional provisions. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement.

Mid West Ports Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established