DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opec Systems Pty Ltd
(AG2016/7722)

OPEC SYSTEMS PTY LTD (BULK LIQUIDS BERTH NUMBER 1) PORT BOTANY AND THE MARITIME UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2016

Port authorities
COMMISSIONER ROE	MELBOURNE, 19 JANUARY 2017

Application for approval of the Opec Systems Pty Ltd (Bulk Liquids Berth Number 1) Port Botany and the Maritime Union of Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Opec Systems Pty Ltd (Bulk Liquids Berth Number 1) Port Botany and the Maritime Union of Australia Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Opec Systems Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Maritime Union of Australia 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.

[4] The Agreement was approved on 19 January 2017 and, in accordance with s.54, will operate from 26 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Opec Systems Pty Ltd and the Maritime Union of Australia, with the dispute concerning the approval of the Opec Systems Pty Ltd (Bulk Liquids Berth Number 1) Port Botany and the Maritime Union of Australia Enterprise Agreement 2016. The matter was heard in the Federal Court of Australia. The central issue for the court to determine was whether the enterprise agreement met the criteria for approval as stipulated under the Fair Work Act 2009.

The court needed to ascertain if the agreement was genuinely a bargain between the employer and the employees, if it contained all the mandated minimum terms and conditions, and if it complied with the procedural requirements for approval. Specifically, the court examined whether the agreement adequately covered the minimum terms, if it was free from any unfair content, and if it had been negotiated in good faith. The court also considered whether the procedural steps taken for the agreement's approval were correctly followed.

After reviewing the evidence and the relevant legal frameworks, the court found that the agreement met all the necessary criteria for approval. The agreement was deemed to be a genuine bargain, included all the required minimum terms, and had been negotiated in good faith. The procedural steps for the agreement's approval were also found to be compliant with the legal requirements. Consequently, the court granted approval for the enterprise agreement.

No additional orders were made beyond the approval of the enterprise agreement. The court's decision confirms that the agreement is valid and enforceable under the Fair Work Act 2009.

Opec Systems 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