DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Maritime Services Pty Ltd
(AG2017/946)

NATIONAL MARITIME SERVICES LAUNCH AND MOORING OPERATIONS - KERNELL ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER ROE	MELBOURNE, 5 MAY 2017

Application for approval of the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2016.

[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 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] The Applicant 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.

[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. 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 5 May 2017 and, in accordance with s.54, will operate from 12 May 2017. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, National Maritime Services Pty Ltd, sought approval of the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2016, from the Fair Work Commission. The application was brought under section 234 of the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the requirements of the Act, including the provision of fair and appropriate terms and conditions for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement provided for a fair and appropriate level of pay and conditions for the employees, whether the agreement was made in good faith and whether the agreement was appropriate in all its terms. The Commission also considered whether the agreement provided for a fair and appropriate level of employee representation and whether it complied with the prescribed minimum terms and conditions set out in the Act.

The Fair Work Commission found that the agreement met the requirements of the Act and approved it. The Commission found that the agreement provided for a fair and appropriate level of pay and conditions for the employees, that it was made in good faith and that it was appropriate in all its terms. The Commission also found that the agreement provided for a fair and appropriate level of employee representation and that it complied with the prescribed minimum terms and conditions set out in the Act. The Commission noted that the agreement provided for a number of improvements to the employees’ terms and conditions, including increased pay rates and improved leave provisions.

The Fair Work Commission approved the National Maritime Services Launch and Mooring Operations - Kurnell Enterprise Agreement 2016. The Commission found that the agreement met the requirements of the Act and provided for a fair and appropriate level of pay and conditions for the employees. The Commission also found that the agreement was made in good faith and was appropriate in all its terms.

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