DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P&O Maritime Services Pty Ltd
(AG2018/567)

P&O MARITIME SERVICES SEAGOING RATINGS AGREEMENT 2017

Maritime industry
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2018

Application for approval of the P&O Maritime Services Seagoing Ratings Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the P&O Maritime Services Seagoing Ratings Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P&O Maritime Services 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 Construction, Forestry, Maritime, Mining and Energy 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 22 June 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by P&O Maritime Services Pty Ltd for the approval of the P&O Maritime Services Seagoing Ratings Agreement 2017. The dispute arose from negotiations between the company and its seagoing employees over the terms of their employment, which had not been settled through conciliation and arbitration. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement was a "direct replacement" of the existing enterprise agreement and whether it complied with the procedural requirements set out in the Act. Specifically, the Commission had to assess whether the agreement had been made in good faith and whether it had been appropriately certified by the Australian Maritime Officers' Union, which represented the employees.

In its decision, the Commission found that the proposed agreement was indeed a direct replacement of the existing agreement, as it covered the same employees and related to the same matters. The Commission also determined that the agreement had been made in good faith, as evidenced by the extensive negotiations and the fact that the agreement was the product of a genuine attempt to reach a resolution. The Commission further found that the agreement met all the procedural requirements for approval, including proper certification by the union. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

As a result of the Commission's decision, the P&O Maritime Services Seagoing Ratings Agreement 2017 was approved and will serve as the new enterprise agreement between P&O Maritime Services Pty Ltd and its seagoing employees. This outcome ensures that the terms of employment for these workers are formally recognised and regulated under the new agreement.

P&O Maritime Services 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