DECISION

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

Northern Territory Commissioner for Public Employment
(AG2015/96)

DARWIN PORT CORPORATION MARINE PILOTS’ 2014-2018 ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 26 MARCH 2015

Application for approval of the Darwin Port Corporation Marine Pilots' 2014-2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Darwin Port Corporation Marine Pilots' 2014-2018 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Northern Territory Commissioner for Public Employment. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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 Maritime Officers’ Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure 1

CaseChat Overview and Summary

The Northern Territory Commissioner for Public Employment was the respondent in an application made by the Darwin Port Corporation Marine Pilots for the approval of the Darwin Port Corporation Marine Pilots' 2014-2018 Enterprise Agreement. The application was brought before the Fair Work Commission, which had jurisdiction to determine the matter. The pilots sought approval for the proposed enterprise agreement, which outlined the terms and conditions of their employment with the Darwin Port Corporation.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for certification, including whether it had been negotiated in good faith and if it included the mandatory terms and conditions prescribed by the Act. Additionally, the Commission had to consider if the agreement was in the best interests of the employees and if it provided for a fair and reasonable outcome for both the pilots and the employer.

In delivering its decision, the Commission examined the evidence presented by both parties and considered the relevant provisions of the Fair Work Act. The Commission found that the proposed enterprise agreement had been negotiated in good faith and included all the mandatory terms and conditions. Furthermore, the Commission determined that the agreement was in the best interests of the employees and provided a fair and reasonable outcome for both parties. As a result, the Commission approved the Darwin Port Corporation Marine Pilots' 2014-2018 Enterprise Agreement, certifying it as a registered enterprise agreement.

The Fair Work Commission's decision to approve the Darwin Port Corporation Marine Pilots' 2014-2018 Enterprise Agreement was based on the evidence presented and the relevant provisions of the Fair Work Act. The Commission found that the agreement met the necessary requirements for certification, including good faith negotiation, inclusion of mandatory terms, and a fair and reasonable outcome for both parties. Consequently, the agreement was certified as a registered enterprise agreement, effective from the date of the Commission's decision.

Northern Territory Commissioner for Public Employment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established