NYK Line (Australia) Pty. Ltd.

[2014] FWCA 3097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NYK Line (Australia) Pty. Ltd.
(AG2014/5710)

NYK LINE (AUSTRALIA) PTY. LTD. ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 12 MAY 2014

Application for approval of the NYK Line (Australia) Pty. Ltd. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NYK Line (Australia) Pty. Ltd. Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by NYK Line (Australia) Pty. Ltd. (the Company). The agreement is a single-enterprise agreement.

[2] On 9 May 2014 an undertaking was provided by Ms J Hoskins, the Company’s Human Resources Manager, in relation to clause 11.4.9 (Severance pay) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2014. The nominal expiry date of the Agreement is 18 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE408063 PR550467>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, NYK Line (Australia) Pty. Ltd., sought approval of the NYK Line (Australia) Pty. Ltd. Enterprise Agreement 2014. The respondent, the Maritime Union of Australia, contested the approval on various grounds, including the adequacy of the agreement's provisions regarding wages, working conditions, and procedural fairness. The case required the Commission to determine whether the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the safety and wellbeing of employees, and whether it was made in good faith and contained terms that were procedurally fair. The Commission had to assess if the agreement's provisions aligned with the legislative framework, ensuring that it did not undermine the rights of employees or permit inferior terms and conditions. The Commission also needed to consider if the agreement provided for appropriate dispute resolution mechanisms and if the applicant had genuinely negotiated with the respondent.

The Commission found that the agreement contained provisions that were consistent with the legislative requirements, including those related to wages, leave entitlements, and procedural fairness. The Commission noted that the applicant had made a genuine effort to negotiate with the respondent, and the terms of the agreement were not detrimental to the employees' rights. The Commission also determined that the agreement provided for adequate dispute resolution mechanisms and was procedurally fair. Consequently, the Commission approved the agreement, finding it met the necessary standards under the Fair Work Act 2009.

The Fair Work Commission approved the NYK Line (Australia) Pty. Ltd. Enterprise Agreement 2014, confirming its compliance with the legal requirements under the Fair Work Act 2009. The Commission found that the agreement provided for the safety and wellbeing of employees, was made in good faith, and contained procedurally fair terms. The Commission's decision recognised the applicant's efforts in negotiating with the respondent and the agreement's alignment with the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established