Morgan Marine Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Morgan Marine Pty Ltd applied for the approval of the Morgan Marine Pty Ltd-MUA Pilbara Inshore Greenfields Agreement 2011. The dispute arose between the applicant and the Maritime Union of Australia, with the applicant seeking to have the agreement recognised under the Fair Work Act 2009. The primary legal issue before the Court was whether the agreement met the requirements for approval under the Act, specifically in relation to the proper negotiation of the agreement and the provision of full disclosure of relevant information to the union.

The Court examined the process by which the agreement was negotiated and whether it complied with the statutory provisions. It was found that there had been full and fair negotiation, with the union having adequate opportunity to discuss the terms of the agreement. The Court also considered the completeness of the information provided to the union, finding that all relevant information had been disclosed as required. The Court concluded that the agreement met the necessary criteria for approval under the Act, taking into account the nature of the industry and the specific circumstances of the negotiation process.

Consequently, the Court granted the application for approval of the agreement. The Court was satisfied that the agreement was properly negotiated and that all necessary information had been disclosed to the union. The agreement was thus approved and will have effect from the date of the Court’s order. This decision ensures that the terms of the agreement will be binding on the parties and enforceable under the Fair Work Act.

Morgan Marine Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established