Morgan Marine Pty Ltd Summary

[2013] FWCA 2534

FAIR WORK COMMISSION

DECISION

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

Morgan Marine Pty Ltd
(AG2013/5914)

MORGAN MARINE & AMOU CONTRACT PROPELLED DREDGING (DI) ENTERPRISE AGREEMENT 2013

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 26 APRIL 2013

Application for approval of the Morgan Marine & AMOU Contract Propelled Dredging (DI) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Marine & AMOU Contract Propelled Dredging (DI) Enterprise Agreement 2013 (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 3 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Morgan Marine and AMOU Contract Propelled Dredging (DI) Enterprise Agreement 2013. The applicant, Morgan Marine, sought to have the agreement approved under the Fair Work Act 2009, which requires that such agreements meet certain legal standards, including fairness and coverage of necessary terms. The Australian Maritime Officers' Union (AMOU) was also a party to the application, representing the interests of the employees covered by the agreement. The dispute centred on whether the agreement complied with the statutory requirements and whether it adequately protected the rights and interests of the employees.

The primary legal issues the Commission had to address were whether the agreement covered all mandated terms, whether it was free from unlawful content, and whether it was certified without undue delay. Additionally, the Commission had to consider whether the agreement was certified fairly and in good faith, as required by the legislation. The focus was on ensuring that the agreement was comprehensive and that it provided a fair balance between the rights and obligations of both employers and employees. The Commission also needed to verify that the agreement was not only legally sound but also practical and operational for the parties involved.

In delivering its decision, the Fair Work Commission meticulously reviewed the terms of the agreement, assessing whether they met the legal criteria for approval. The Commission found that the agreement was comprehensive and included all required terms. It also determined that the agreement did not contain any unlawful provisions and was certified without undue delay. Furthermore, the Commission concluded that the agreement was certified fairly and in good faith. The Commission took into account the negotiation process and the evidence presented by both parties, ultimately finding that the agreement was fair and appropriate for the workforce it covered. Based on these findings, the Commission approved the agreement, allowing it to come into effect.

The final orders of the Commission were to approve the Morgan Marine and AMOU Contract Propelled Dredging (DI) Enterprise Agreement 2013, effective from the date of the decision. This approval meant that the agreement would serve as the governing document for the employment conditions of the employees covered by it, providing a legally binding framework for the relationship between Morgan Marine and the AMOU. The decision was made in accordance with the statutory requirements under the Fair Work Act 2009, ensuring that the agreement was both legally compliant and fair to all parties involved.

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