DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Maritime Services Pty Ltd
(AG2020/1577)

NATIONAL MARITIME SERVICES LAUNCH AND MOORING OPERATIONS - KURNELL ENTERPRISE AGREEMENT 2019

Port authorities
COMMISSIONER JOHNS	SYDNEY, 16 JULY 2020

Application for approval of the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Maritime Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2020. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, National Maritime Services Pty Ltd applied for approval of the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2019. The applicants, National Maritime Services Pty Ltd, and the respondents, the Maritime Union of Australia, were parties to the agreement which was intended to regulate employment conditions for certain employees. The applicants sought the Commission's approval of the agreement under the Fair Work Act 2009.

The legal issues the Commission needed to decide centred on whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement was a genuine enterprise agreement, whether it provided for a fair and efficient workplace, and if it complied with the procedural fairness requirements. Additionally, the Commission had to assess if the agreement appropriately balanced the rights and interests of the employees and the employer.

The Commission found that the agreement was a genuine enterprise agreement, as it was negotiated in good faith and covered a sufficient proportion of the employees in the relevant enterprise. The agreement was considered fair and efficient, providing appropriate terms and conditions that were reasonable in the circumstances. The procedural fairness requirements were met, as the respondents had adequate opportunity to participate in the negotiation process. The balance between the rights and interests of the employees and the employer was deemed fair, with no undue disadvantage to either party. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2019, confirming its compliance with the Fair Work Act and its appropriateness as a genuine enterprise agreement.

National Maritime Services 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