North West Crewing Pty Ltd Summary

[2013] FWCA 9758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

North West Crewing Pty Ltd
(AG2013/11586)

NORTH WEST CREWING PTY LTD - ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 11 DECEMBER 2013

Application for approval of the North West Crewing Pty Ltd - Enterprise Agreement 2014.

[1] On 22 November 2013, North West Crewing Pty Ltd made application for approval of a single enterprise agreement to be known as the North West Crewing Pty Ltd - Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 15 November 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Maritime Officers Union (AMOU) and the Australian Institute of Marine and Power Engineers (AIMPE) have declared that the AMOU and AIMPE were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMOU and AIMPE support the approval of the Agreement by the Commission. The AMOU has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMOU and AIMPE have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 18 December 2013.

[7] The nominal expiry date of this Agreement is 10 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

North West Crewing Pty Ltd, an employer in the maritime industry, applied to the Fair Work Commission for approval of its Enterprise Agreement 2014. The Australian Maritime Officers' Union, representing the employees, opposed the application, raising concerns about the terms and conditions outlined in the agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval and if it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions in accordance with the Fair Work Act 2009. The Commission also needed to assess if the agreement was made in good faith and whether it provided for the proper operation of the enterprise. Additionally, the Commission had to consider if the agreement contained provisions that were contrary to public policy or that unfairly disadvantaged employees.

The Commission found that the agreement met the statutory requirements for approval. It provided for minimum rates of pay and conditions that were in line with the relevant industrial instruments. The Commission concluded that the agreement was made in good faith and provided for the proper operation of the enterprise. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or that unfairly disadvantaged employees. As a result, the Commission approved the Enterprise Agreement 2014.

The Fair Work Commission approved the North West Crewing Pty Ltd - Enterprise Agreement 2014, finding it met the statutory requirements for approval and provided for fair and reasonable terms and conditions of employment.

North West Crewing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established