Morgan Marine Pty Ltd

[2013] FWCA 2861

FAIR WORK COMMISSION

DECISION

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

Morgan Marine Pty Ltd
(AG2013/5920)

MORGAN MARINE AND AUSTRALIAN MARITIME OFFICERS UNION OFFSHORE OIL AND GAS GREENFIELD AGREEMENT 2010

Maritime industry
VICE PRESIDENT WATSON	SYDNEY, 9 MAY 2013

Application for approval of the Morgan Marine and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Agreement 2010.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Marine and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Agreement 2010 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Morgan Marine Pty Ltd and The Australian Maritime Officers’ Union (AMOU).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the AMOU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 16 May 2013. The nominal expiry date of the Agreement is 31 July 2013.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Morgan Marine Pty Ltd applied for approval of a proposed agreement titled the Morgan Marine and Australian Maritime Officers Union Offshore Oil and Gas Greenfield Agreement 2010. The Australian Maritime Officers Union, representing employees of Morgan Marine, had entered into the agreement which outlined the terms and conditions of employment for certain workers. The matter required the Commission to consider whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements for an enterprise agreement. The Commission needed to determine if the agreement had been made in good faith, if the necessary consultations had taken place, and if the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement included any provisions that would unduly harm the employees' interests.

The Commission found that the agreement had been made in good faith and that the necessary consultations had occurred. It concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that no provision unduly harmed the employees' interests. Consequently, the Commission approved the agreement, finding it met all the legal requirements for an enterprise agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established