MMA Offshore Logistics Pty Ltd T/A MMA Offshore Logistics

In the Fair Work Commission, the Maritime Union of Australia sought a review of a decision to refuse to hear its objection to the approval of the MMA Offshore Logistics Pty Ltd Enterprise Agreement 2016. The applicant union was concerned that the proposed agreement did not adequately protect the rights of its members, particularly in relation to the definition of seafarer and the application of the Seafarers’ Code of Practice. The union argued that the agreement should be rejected due to these deficiencies. The union also contended that the Fair Work Commission should hear its objection on the basis that the agreement contained provisions that were inconsistent with the Seafarers’ Code of Practice and the Maritime Labour Convention 2006.

The legal issues before the Commission included whether the union was entitled to be heard on its objection, and if the agreement contained provisions that were inconsistent with the Seafarers’ Code of Practice and the Maritime Labour Convention 2006. The Commission needed to determine if the agreement provided adequate protection for the rights of seafarers, as required by the Seafarers’ Code of Practice and the Maritime Labour Convention 2006. The Commission also had to consider whether the provisions of the agreement were consistent with the relevant legislation and international conventions.

The Commission found that the union was not entitled to be heard on its objection as the proposed agreement did not contain any provisions that were inconsistent with the Seafarers’ Code of Practice and the Maritime Labour Convention 2006. The Commission held that the definition of seafarer in the agreement was consistent with the Seafarers’ Code of Practice and the Maritime Labour Convention 2006, and that the agreement provided adequate protection for the rights of its members. The Commission also found that the provisions of the agreement were consistent with the relevant legislation and international conventions. The Commission approved the MMA Offshore Logistics Pty Ltd Enterprise Agreement 2016.

The Commission's decision was that the Maritime Union of Australia's objection to the approval of the MMA Offshore Logistics Pty Ltd Enterprise Agreement 2016 was not to be heard, and the agreement was approved. The Commission found that the agreement provided adequate protection for the rights of its members, and its provisions were consistent with the Seafarers’ Code of Practice and the Maritime Labour Convention 2006. The Commission also held that the agreement was consistent with the relevant legislation and international conventions.