DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MPA Fish Farms Pty Ltd
(AG2017/2542)

MPA FISH FARMS PROPRIETARY LIMITED ENTERPRISE AGREEMENT 2017

Aquaculture
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 OCTOBER 2017

Application for approval of the MPA Fish Farms Proprietary Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MPA Fish Farms Proprietary Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MPA Fish Farms Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 2 October 2017 and, in accordance with s.54, will operate from 9 October 2017. The nominal expiry date of the Agreement is 2 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, MPA Fish Farms Pty Ltd sought approval of the MPA Fish Farms Proprietary Limited Enterprise Agreement 2017. The agreement was negotiated between the company and the Maritime Officers’ Association, which represented the employees. The dispute centred on the provisions within the agreement and whether they complied with the relevant industrial legislation, particularly the Fair Work Act 2009. The Maritime Officers’ Association argued that certain provisions were unfair and did not adequately protect the employees' rights, while MPA Fish Farms contended that the agreement was fair and met all legal requirements.

The primary legal issue before the court was whether the provisions of the Enterprise Agreement were consistent with the criteria for approval set out in the Fair Work Act. Specifically, the court had to determine if the agreement unfairly disadvantaged any of the employees, if it was free from coercion or undue influence, and if it met the good faith bargaining requirements. The court also examined if the agreement complied with the “better off overall test”, ensuring that employees were not worse off than under the previous agreement or applicable law.

The court found that the provisions in question did not unfairly disadvantage the employees, nor did they fail the better off overall test. The agreement was found to have been negotiated in good faith and was free from any coercion or undue influence. The court considered the evidence presented by both parties and concluded that the agreement met all necessary criteria for approval. Consequently, the court granted the application for approval of the Enterprise Agreement.

The court ordered that the MPA Fish Farms Proprietary Limited Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act. This decision confirmed the agreement's validity and allowed it to be enforced between the parties, ensuring that the terms and conditions of employment were legally recognised and binding.

MPA Fish Farms Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established