DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noorton Pty Ltd
(AG2019/3921)

NOORTON PTY LTD T/A MFF - SYDNEY HARBOUR SERVICES - MASTERS, COXSWAINS, DECK HANDS AND HOSTS ENTERPRISE AGREEMENT 2019

Maritime industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 NOVEMBER 2019

Application for approval of the Noorton Pty Ltd t/a MFF - Sydney Harbour Services - Masters, Coxswains, Deck Hands and Hosts Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Noorton Pty Ltd t/a MFF - Sydney Harbour Services - Masters, Coxswains, Deck Hands and Hosts Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Noorton Pty Ltd, trading as MFF – Sydney Harbour Services, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2019. The application was contested by the Maritime Union of Australia. The dispute centred on various aspects of the agreement, including classification of employees, wages, working conditions, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for the fair and efficient resolution of workplace issues and adequately protected the rights of employees.

The Commission considered several legal issues, primarily focusing on whether the agreement provided for the fair and efficient resolution of workplace issues and whether it was made in good faith. The Commission also examined if the agreement provided adequate protections for employees, including fair compensation and reasonable working conditions. The parties debated whether certain clauses in the agreement, particularly those related to employee classification and dispute resolution, complied with the Act and whether they were fair and reasonable.

In its decision, the Fair Work Commission determined that the Enterprise Agreement 2019 substantially met the statutory requirements. The Commission found that the agreement provided for fair and efficient resolution of workplace issues and was made in good faith. The Commission also concluded that the agreement offered adequate protections for employees, including fair wages and reasonable working conditions. The Commission approved the agreement, noting that while some clauses required minor modifications to better align with the Act, these changes did not undermine the overall fairness of the agreement.

The Fair Work Commission approved the Enterprise Agreement 2019 with minor modifications, ensuring it complied with the statutory requirements under the Fair Work Act 2009. The approved agreement will now govern the employment conditions of Masters, Coxswains, Deck Hands and Hosts in Sydney Harbour Services. The decision ensures that the agreement provides for fair and efficient resolution of workplace issues, good faith bargaining, and adequate protections for employees.

Noorton 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