DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MMA Vessel Operations Pty Ltd
(AG2017/1313)

MMA OFFSHORE VESSEL OPERATIONS ENGINEER OFFICERS ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER ROE	MELBOURNE, 23 MAY 2017

Application for approval of the MMA Offshore Vessel Operations Engineer Officers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MMA Offshore Vessel Operations Engineer Officers 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 MMA Vessel Operations 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Institute of Marine and Power Engineers 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.

[5] The Agreement was approved on 23 May 2017 and, in accordance with s.54, will operate from 30 May 2017. The nominal expiry date of the Agreement is 23 may 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MMA Vessel Operations Pty Ltd sought approval for the MMA Offshore Vessel Operations Engineer Officers Enterprise Agreement 2017, which was brought before the Fair Work Commission. The applicant argued that the agreement contained appropriate provisions for the regulation of workplace relations concerning engineer officers employed on vessels operated by the respondent company. The dispute centred on whether the agreement was compliant with the Fair Work Act 2009, particularly concerning the scope of its applicability and the procedural fairness in its formation.

The Commission had to determine whether the agreement was genuinely negotiated, if it was procedurally fair, and whether it met the statutory requirements for approval. The Commission examined the evidence of the negotiation process and the parties' conduct to assess if the agreement was made in good faith and covered the necessary topics. Additionally, the court evaluated whether the agreement contained the mandated minimum terms and conditions of employment as stipulated by the Act.

After thorough examination, the Commission found that the agreement was genuinely negotiated, procedurally fair, and contained the requisite minimum terms. The Commission approved the agreement, recognising that it provided for the fair and efficient operation of the workplace while addressing the specific needs of the engineer officers on offshore vessels. The decision underscored the importance of genuine negotiation and procedural fairness in the formation of enterprise agreements. The Commission's approval of the agreement will now serve as a binding framework for the employment conditions of engineer officers in the maritime sector.

MMA Vessel Operations 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