Morgan Marine Pty Ltd

[2013] FWCA 4379

[2013] FWCA 4379

FAIR WORK COMMISSION

DECISION

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

Morgan Marine Pty Ltd
(AG2013/7149)

MORGAN MARINE PTY LTD-MUA PILBARA INSHORE GREENFIELDS AGREEMENT 2011

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 3 JULY 2013

Application for approval of the Morgan Marine Pty Ltd-MUA Pilbara Inshore Greenfields Agreement 2011.

[1] On 24 June 2013, Morgan Marine Pty Ltd made application for approval of a greenfields agreement to be known as the Morgan Marine Pty Ltd-MUA Pilbara Inshore Greenfields Agreement 2011 (“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] The Applicant has provided an undertaking, pursuant to s.190 of the FW Act, that for the purposes of Clause 25: Consultation for Major Change, an employee can appoint a representative of their choice for the purposes of that consultation. The undertaking is incorporated in the consolidated agreement attached to this Decision.

[4] 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.

[5] The Employer has declared that the Maritime Union of Australia (MUA) 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 MUA 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.

[6] 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.

[7] 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.

[8] The nominal expiry date of the Agreement is 1 April 2014.

COMMISSIONER

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