National Union of Workers

[2014] FWCA 775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Tug & Barge Pty Limited
(AG2013/10335)

COASTAL TUG & BARGE & AIMPE FAIR WORK ENTERPRISE AGREEMENT 2013

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 31 JANUARY 2014

Application to approve the Coastal Tug & Barge & AIMPE Fair Work Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Tug & Barge & AIMPE Fair Work Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coastal Tug & Barge Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that clause 5.1 appears to refer to another enterprise agreement by an incorrect name. It appears that the parties intended to refer to “The Karama - Coastal Tug & Barge - C Class Tug / Work Boat - Enterprise Agreement 2013”, also approved this day.

[4] The Australian Institute of Marine & Power Engineers, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2014. The nominal expiry date of the Agreement is 6 February 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers filed an application in the Fair Work Commission to approve the Coastal Tug & Barge & AIMPE Fair Work Enterprise Agreement 2013. The dispute involved the terms of the agreement, which was intended to regulate the employment conditions of workers in the tug and barge industry, including those employed by Coastal Tug & Barge and AIMPE. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically sections concerning the mandatory terms, the process of agreement making, and the requirements for coverage. The Commission had to assess whether the agreement was genuinely a product of bargaining between the parties and whether it provided for minimum standards as stipulated by the Act. Additionally, the Commission examined if the agreement covered a sufficient number of employees to justify its approval.

The Fair Work Commission determined that the agreement was genuinely made through a bargaining process between the parties and that it provided for the mandatory terms required by the Fair Work Act. The Commission found that the agreement contained provisions that met the minimum standards and that it covered a sufficient number of employees to warrant approval. Consequently, the application to approve the Coastal Tug & Barge & AIMPE Fair Work Enterprise Agreement 2013 was successful. The agreement was approved, and it came into effect on the date specified in the application.

The Commission's final order was that the Coastal Tug & Barge & AIMPE Fair Work Enterprise Agreement 2013 be approved and registered under the Fair Work Act. This decision ensured that the agreement would govern the employment conditions for the workers involved, providing a framework for their working conditions, pay, and other employment-related matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established