P&O Maritime Services Pty Ltd Summary

[2014] FWCA 8200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P&O Maritime Services Pty Ltd
(AG2014/9842)

P&O MARITIME SERVICES SEAGOING RATINGS AGREEMENT 2013

Maritime industry
COMMISSIONER CRIBB	MELBOURNE, 18 NOVEMBER 2014

Application for approval of the P&O Maritime Services Seagoing Ratings Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the P&O Maritime Services Seagoing Ratings Agreement 2013 (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] 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.

[3] The Maritime Union of Australia (MUA) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 18 November 2014 and, in accordance with s.54 of the Act, will operate from 25 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

P&O Maritime Services Pty Ltd applied to the Fair Work Commission for approval of the P&O Maritime Services Seagoing Ratings Agreement 2013. The application arose as part of the process to transfer employees from the Maritime Union of Australia to the Maritime Officers’ Union. The Commission was required to decide whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the parties, whether it complied with the formal requirements for registration, and whether the agreement contained terms that were contrary to public policy or not in the best interests of the employees. The Commission also had to consider whether the agreement was fair and whether it provided for the protection of employees' rights.

The Commission found that the agreement had been genuinely negotiated and met the formal requirements for registration. The Commission noted that the agreement provided for a number of benefits for employees, including pay rates, leave entitlements, and conditions of employment. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or not in the best interests of the employees. The Commission also found that the agreement was fair and provided for the protection of employees' rights.

The Commission approved the P&O Maritime Services Seagoing Ratings Agreement 2013. The agreement is now registered and in effect, and the employees who were previously members of the Maritime Union of Australia are now members of the Maritime Officers’ Union.

P&O Maritime Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established