DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North West Crewing Pty Ltd
(AG2018/848)

NORTH WEST CREWING PTY LTD- ENTERPRISE AGREEMENT 2018

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the North West Crewing Pty Ltd – Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the North West Crewing Pty Ltd - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North West Crewing 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.

[4] The Australian Institute of Marine and Power Engineers, and the Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 25 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

North West Crewing Pty Ltd applied to the Fair Work Commission for the approval of the North West Crewing Pty Ltd – Enterprise Agreement 2018. The applicant sought to have the agreement made directly applicable to employees who are not members of the union, the Maritime Union of Australia. The application was opposed by the union, which argued that the agreement did not meet the requirements for direct application under the Fair Work Act 2009. The legal issues before the Commission were whether the application for direct application complied with the statutory requirements and whether the agreement met the criteria for approval under the Fair Work Act 2009.

The Commission found that the application for direct application complied with the requirements of the Fair Work Act 2009. The agreement contained all the necessary information, including details of the parties involved, the duration of the agreement, and the terms and conditions of employment. The Commission also found that the agreement met the criteria for approval, including that it provided for the protection of employees' rights and interests and that it did not have an adverse effect on the employees' terms and conditions of employment. The Commission noted that the agreement provided for a higher minimum wage than the applicable award and that it included provisions for additional leave and other benefits. The Commission approved the agreement for direct application to the employees who were not members of the union.

The Fair Work Commission approved the North West Crewing Pty Ltd – Enterprise Agreement 2018 for direct application to employees who are not members of the Maritime Union of Australia. The Commission found that the application for direct application complied with the requirements of the Fair Work Act 2009 and that the agreement met the criteria for approval. The Commission noted that the agreement provided for a higher minimum wage than the applicable award and that it included provisions for additional leave and other benefits. The agreement was approved for direct application to the employees who were not members of the union.

North West Crewing 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