Morgan Marine Pty Ltd

[2013] FWCA 7550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Morgan Marine Pty Ltd
(AG2013/9554)

MORGAN MARINE PTY LTD AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS GREENFIELD AGREEMENT 2013

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 27 SEPTEMBER 2013

Application for approval of the Morgan Marine Pty Ltd Australian Institute of Marine and Power Engineers Greenfield Agreement 2013.

[1] On 23 September 2013, Morgan Marine Pty Ltd made application for approval of a greenfields agreement to be known as the Morgan Marine Pty Ltd Australian Institute of Marine and Power Engineers Greenfield Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[4] The Employer has declared that the Australian Institute of Marine and Power Engineers (AIMPE) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The AIMPE has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[5] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[7] The nominal expiry date of the Agreement is 31 October 2013.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Morgan Marine Pty Ltd applied for approval of the Morgan Marine Pty Ltd Australian Institute of Marine and Power Engineers Greenfield Agreement 2013. The applicant, Morgan Marine Pty Ltd, is an employer engaged in the provision of marine services and maintenance, and the respondent, the Australian Institute of Marine and Power Engineers, is a trade union representing the employees of the applicant. The dispute concerned the terms and conditions of employment for the employees, as outlined in the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement provided for the terms and conditions of employment of the employees in a fair and reasonable manner, as required by the Fair Work Act 2009. This involved considering whether the agreement complied with the "better off overall test" and other relevant provisions of the Act, including the "no disadvantage test". Additionally, the Commission needed to determine whether the agreement had been made in accordance with the requirements of the Act, such as whether the union had been properly certified as the appropriate bargaining agent and whether the agreement had been negotiated in good faith.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement was fair and reasonable, and complied with the relevant provisions of the Act. The Commission determined that the agreement satisfied the better off overall test, as it provided for a range of benefits to the employees, including wage increases and improved working conditions. The Commission also found that the agreement had been made in accordance with the requirements of the Act, including proper certification of the union and good faith negotiations. As a result, the Commission approved the proposed agreement, subject to certain minor modifications to address technical issues.

The final orders of the Commission were that the Morgan Marine Pty Ltd Australian Institute of Marine and Power Engineers Greenfield Agreement 2013 be approved, with the modifications outlined in the decision. The agreement was to be registered with the Fair Work Commission and would become a registered agreement under the Fair Work Act 2009, binding on all parties from the effective date specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established