DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Maritime Services Pty Ltd
(AG2017/2140)

NATIONAL MARITIME SERVICES & MARITIME UNION OF AUSTRALIA BOTANY LINES ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER CIRKOVIC	MELBOURNE, 28 JUNE 2017

Application for approval of the National Maritime Services & Maritime Union of Australia Botany Lines Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the National Maritime Services & Maritime Union of Australia Botany Lines Enterprise Agreement 2016 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Maritime Union of Australia 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 was approved on 28 June 2017 and, in accordance with s.54, will operate from 5 July 2017. The nominal expiry date of the Agreement is 12 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Maritime Services Pty Ltd, along with the Maritime Union of Australia, sought approval of the 2016 Botany Lines Enterprise Agreement in the Fair Work Commission. The agreement, which was to govern the employment conditions of workers within the maritime services industry, faced objections from other parties who raised concerns about its compliance with various statutory provisions. The court was tasked with determining whether the agreement met all necessary legal requirements and if it provided fair terms for the employees.

The primary legal issues revolved around whether the agreement complied with the Fair Work Act 2009 and other relevant industrial relations legislation. The objections raised included concerns over the agreement's procedural validity, the fairness of its terms, and its alignment with the statutory framework governing enterprise agreements. The court had to scrutinise the agreement in detail, ensuring it adhered to the requirements for proper notice, consultation, and representation as stipulated by the legislation.

After thorough examination, the Fair Work Commission concluded that the agreement substantially complied with the legal standards. The court found that the necessary procedural steps had been followed, and the agreement's terms were fair and reasonable. Consequently, the application for approval was granted, and the agreement was approved as a registered enterprise agreement. The decision affirmed the agreement's validity, allowing it to take effect and govern the employment conditions of the workers involved.

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